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Rani   16 February 2016

Judgements needed for genuine domestic violence case to live

Judgements needed for genuine domestic violence case to live life with Respect and dignity

My husband and in laws have tortured me and my children physically, mentally emotionally and economically. After being fed up of having beatings and humiliation from them and on advice from my near ones, I filed a Domestic violence case against my husband and in laws to have a life with self respect and dignity where I have prayed for protection order, Residence order and maintenance from my husband who is IT Professional and earns about 5 Lakh a month and is never concerned with the wellbeing of family or child.  My age is about 46 years and a mother of minor child about 8 years. About 5 years back I myself initiated and did a teaching job where I was getting a salary of about 15,000/- pm. But I could not continue to do job and had to leave the job due to survical problem and other medical problems and with no support from husband. Since then my health has deteriorated and my child is also having many psychological issues having stress, migrain and is disturbed with family envoirnment issues and needs continuous attention and care.  

In the reply to my petition my husband is saying that I am not eligible for any maintenance as I have done B Ed and capable of earning and have worked in the past and have quoted certain judgments. I have always been a housewife and have not done job apart from that one year.  My husband also knows that I had to leave the job due to medical and health issues. Since then my health has deteriorated and I cant do a job at this stage of life and who would like to offer Job at such age and with health issues. I have low hemoglobin, migraine and have giddiness and suffering from vertigo. I am not satisfied with my advocate who suggested that i have to show  major critical illness which I don’t want to take any wrong certificate or lie in court because I think my truthful stand is also enough in my support. Moreover, even if I am forced with circumstances to do job, it can never be the amount equivalent to sustain our current standard of living. Please guide me what should I do and provide me any Judgments  in my support. 



Learning

 2 Replies

Sidharth   16 February 2016

Dear Quriest,

You can still seek maintenance if you have medical proofs of your diseases. The rule of maintenance is " Maintenance can be claimed by the person who is UN-ABLE to earn."

 

DV Act clearly states

Monetary reliefEdit

The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

  • Loss of earnings
  • Medical expenses

Rani   17 February 2016

Thanks siddarth,

Can you Pls share your number. This is urgent pls.

 


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