Sangeetha Iyer (nil) 04 September 2013

Domestic violence

I've filed domestic violence case in the month of Feb'13. Both agreed for mediation,I agreed to go back with him for my daughter's sake, bu he didn't turn up for the last mediation, wherein we were to sign an agreement. I ve faced lot of harassments from my husband and m-i-l. Infact it is a second marriage for both of us.I tried my level best to save our marriage. When the mediation was going on, during the month of May, he took us outside 2/3 times. Anyhow, I do not want to withdraw the case, as he did not give a penny as maintenance, for the past 10 mnths of our seperation. I wanted to get maintenance from him. Can he say in the court he wants to take us back? If he says, can I put on him certain conditions and get maintenance from him. Pls. clarify.

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 September 2013

Dear Querist

if you really want to save your marriage then why are you ask all these things like maintenance, if he is ready to live with you and you also ready to live with him then closed the matter & live happily.

stanley (Freedom) 06 September 2013

Your designation shows that you are a able bodied working women and you work as a secretary maybe having sufficient means hence you would not be in a position to claim maintanence from him . For your daughter maintanence is co- extensive and hence both of you would have to contribute . In court your husband would say hand me custody of my daughter and i would take care of her expenses and than what would you do ?. Alternatively he would state as you have put in your query they can stay with me .

You cant impose conditions as though he is your slave . First you have to prove Domestic violence and than claim the reliefs . Now may i ask you what is your lawyer doing who most probably stated to you or has given you wild and tall claims . Isnt he able to prove the allegations laid out by you

Sangeetha Iyer (nil) 06 September 2013

Supposing wife is working and it is not brot to the knowledge of the court and if the court comes to know about it after granting interim maintenance, will the same be cancelled. Can the husband say that He wanted to take us back in the magistrate court?

Atheist (none) 06 September 2013

it's will be cancelled.

stanley (Freedom) 06 September 2013

Your husband can call for your salary slip using CRPC 91 . And if your husband proves that you are working and you have filed an affidivat stating that you are not working than it is a case of pre-jury under section 340 .

Section 340(1) in The Code Of Criminal Procedure, 1973

(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.