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chander (dealer)     18 February 2013

Maintenance

My wife Living separately with mutual agreement in written since eight years. Now she have file a case of domestic violence .In dv can she claim  right to residence under section 19 of the dv act and ask for  maintenance under section 20



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 12 Replies

A . K . SETH (ADVOCATE--LEGAL ADVISOR)     18 February 2013

NO.

akseth advocate::::::::aksethadvct@gmail.com

Arvind Singh Chauhan (advocate)     18 February 2013

No now it is too late she will not suceed.

stanley (Freedom)     19 February 2013

No maintanence to wife if she is staying seperately by mutual agreement . If she is earning HRA  than she cant even claim that you provide her for a rented place but she can claim right to residence if the property is in your name .

But in case you have children and she has the custody of them . Than she can seek maintanence for the children .

chander (dealer)     19 February 2013

Sir stanley jee in this wedlock we have no child and where i am living that property is in the name of my father

stanley (Freedom)     19 February 2013

Than take a rented place and stay . And she can seek a right to residence at the rented place . your father can very well throw the both of you out of the house so you dont have to bother and there is always a option where he can disown you :-) 

Msk-need -nuetral- laws (self)     19 February 2013

Marriage with seven years  is considered to have natural death as per law. Hence file divorce and close the matter rather living with self declared agreements.

chander (dealer)     19 February 2013

Sir,they are demanding a very big amount in lieu of divorce and i am unable to pay that big amount.

Chetan Joshi (Advisory/Advocacy)     19 February 2013

Her claim under under DV will not sustain in the light of the mutual agreement..If they dont agree for a divorce by  mutual consent then contest it in courts....Don't give in to their demands, they will give in to yours later...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

stanley (Freedom)     20 February 2013

An act of desertation can be a ground for divorce . Hence file for contested divorce and obtain the same . In Mutual consent divorce they demand huge sums.

chander (dealer)     21 February 2013

Sir jee if i go for contested divorce on the ground of desertion and succeded she will be eligible for maintenance what will be the maintenance that i have to pay her as my income is Rs. 18000 per month i do not want to give her a single paisa.I have no plan for second marriage in future. my advocate also suggesting me no need to file for divorce

Msk-need -nuetral- laws (self)     21 February 2013

No Chander, sever years of separation is full ground for divorce and maintenance will be nil or vey low. Good lawyers will argue her continous absence for seven years is natural death of marriage and can be easily dissolved.

chander (dealer)     01 March 2013

thanks experts


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