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Harrassed _by _498a (Executive)     08 January 2015

Maintenance in domestic violence as relief

Dear Experts,

I was usally reading all the posts in this forum, related to matrimonial disputes , i read somewhere no maintenance given etc.

But as laid down by the act or judgements Husband is legally bound to maintain the wife, but there are No maintenance Judgements to wife as well also exists.

Now, My question if wife is capable of working has been proved, maintenance will be declined or not.

Working or capable is enough to deny maintenace ? My salary 30,000/- my wife salary 25000/- which i know.

But in petetion she said she has been thrown out because of CAW cell hearings, not able to jointhe office properly hence terminated or forceful resignation.

in good times she had send me her resume in which she quoted 20,000/- Rs and i am adding 5000/- increment from the date of resume sent which is (2 years).

please advice is interim can be passed by the judge in such scenario?.

 

I know we cant predict judges behaviour and decision but just a advice what can be type of judgement given in the interim maintenance .

 

 

Regards

 

Harrassed by 498a



Learning

 4 Replies

ROHIT SHARMA (Legal Advisor )     08 January 2015

1. There is no provision u/s 498-A for giving maintenance if the matter if reported to police. If she has made an application u/s 12 of D.V. Act, then probably the maintenance factor is attracted. If she is an able bodied women she can get gainfully employed as she was before she resigned after the fall out of C.A.W. mediation.

Shantilal Pandya ( Advocate)     08 January 2015

 Principles of law of maintenance remains the same whether it is asked  for under section 125 of the crpc or under dv act.  dv act is only a speedy remedy but it does not create any new right in favor of the claimant  ,it provides only  a speedy procedure for enforcement of existing right.

Harrassed _by _498a (Executive)     08 January 2015

Thank you for revert but in this case court will grant her maintenance or not?

 

What is the principle law of maintenance ?

 

Regards

Harrassed by 498a

Shantilal Pandya ( Advocate)     08 January 2015

The courts take some aspects for considering maintenance application e.g. reasonable  wants of claimant ,means and income  of the claimants  claimant,similarly income and sufficiency of means of the opponent ,the opponents own reasonable wants . opponents other legal  liabilities towards other claimants etc are all relevant factors  which are the principles which must be taken in to account while fixing the amount of maintenance, it is usual    


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