Domestic violence

Its at the discretion of the judges to award or dismiss interim application for maintenance based on the facts,proofs  and circumstances of the case . Normally the word interim maintenance is maintenance awarded during the proceedings  . Burden of proof lies upon you to prove your husbands source of income to the court . The below mentioned points have to be clarified 

1. Application for IM is filed for you  ?.

2. Application is for your children  

3. Are you qualified .

4. Are you a working women .

5. Do you have any source of income by which these are sufficient for your livelihood .

All these have to stated for any person to reply to your query .

I am a graduate but not working. I have a daughter and I've been staying in my sister's house for the past 11 months. Not even a single pie has been given by him. I was literally thrown out by him from marital home. Mediation failed as he didn't come when we were about to sign the agreement. But now both of us wanted to be together at the same time I wanted him to feel the pinch for what he has done. At which stage he can say that he is ready to take back us? I've clearly told him you pay some compensation, as I want to repay my sister for having taken care of us and the advocate fees. If he gives that I am ready to go back with him. He expects me to withdraw the case, but having so much happened I do not want to do that. IM is yet to be applied for. Now it is in the evidence stage that is why I 've raised the above query. Pls. clarify in all respect.

You should decide what exactly you want you cant tango on both sides of the table . On one side you say you want to continue the case and on the other side state that you want to join him .Once a case goes to court it is as good as going for a divorce .

you can take one side hence be firm and go ahead with your case and seek maintenance , Divorce would crop in slowly as the relationship gets strange  . Your child would surely get maintenance but as for you it can be objected stating that you are a qualified graduate and it would be at the discretion of the court .

For compensation didnt your lawyer convey to you u/s 22 of DV act . Meanwhile as you are qualified learn to stand on your own feet by looking out for a job in order to sustain yourself .

What is under Sec 22 as per Domestic Violence Act?

Now next time dont come back over here stating that your lawyers says it is difficult to prove domestic violence inside four walls of the bedroom . And be aware only 11 months has passed ,be prepared for another 6 years for your Dv case to come to a judgement . Can you sustain your self so long running around courts and spending your money on it .

22. Compensation orders.- In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

@Author

DV Act is made to protect females from violence that generally happens inside four walls and nobody ever comes to know about it. Having filed a case against your husband under DV Act, you have an upper hand. As and when the case proceeds, you would be told by the judge or the public prosecutor about next steps. You are free to give your opinion and take a decision. No one can force you to sign any document unless you want it.

Also, please understand that in this case you are the complainant and your husband is the accused. So he should be under pressure to meet all your demands. So you should ask him to surrender to your demands and let him first pay you back that compensation and then you get ready to go with him. Also, you may yourself tell the presiding officer (the judge) that there is a possibility of compromise and that your husband has agreed to settle the case. You may again get your case resent for mediation. In the mediation you may enter into an agreement as per your terms and then let the court compound the case once your demands are met.

As far as interim maintenance is concerned, you would get maintenance if you are not earning and a dependent person. However, if your husbands bring a proof that you ran from your matrimonial home on your own and it was your fault, then the judge may dismiss the application for interim maintenance.

All the best!

//peace

/Saurabh..V