covance 23 August 2015

maintenance in dv case

Respected lawyers, My wife had deserted me in sep 2014 while she was expecting.she had developed TB brain and I got her treated at a hospital. All expenses were born by me and was on leave from job. As soon as she got well, hr mother said that my daughter became Ill due to living in your house so she went to her parents house. I called her back home but she didnot come back. I hv evidences fr the same.1 month later, my father died and she did not turn up then also.after that my child was born all expenses of caesarian delivery were done by me. 10 days later, there was naming ceremony of child was due to be held. On reaching there, my wife's brother tried to assault my mother and assaulted me.FIR was lodged. My wife started working in Jan and getting rs 80000 per month. She is not letting me see my child.I HV filed a legal custody case for seeing the child. Now she has filed false dv case against me claiming that I HV deserted her bcos of female child and claimed 2 cr total compensation. My salary is almost the same as my wife. Can she get any interim or final maintenance in this dv case. Can I be acquitted in this case. How much time it takes to reach judgement in this dv case?she has also claimed rs 50000 monthly maintenance in section 125 case for herself and daughter. I wud happily giv maintenance fr daughter who is 8 mnths old. She has hidden her employment in the case. Waiting fr response... Regards

Reply Follow

3 Replies

prabhakar advocate (advocate) 23 August 2015

If you collect proper evidence about her employment and her getting eighty thousand, she will not get maintenance but the child will get maintenance. The child being very small, you will not get custody right now, but you will get visitation rights. DV case will take about 3 years. In the meantime, in each case, you will get opportunity to talk ammicably in conciliation and you utilize to sort out the problem, because, you in your query have not explained the real issue behind the bickering. Prabhakar - Advocate (M)9958670740 Family Law legal aid panel-central Delhi (Tis Hazari).

Born Fighter (xxx) 24 August 2015

Dont give her a single paisa. If she is earning 80k and at par with your salary then she will get only ZERO Maintenance for herself. Also note for the child she will also have to contribute towards maintenance. You need to be very strong and firm in denying maintenance to her and dont get emotional in telling the court you will take full responsibility of the child maintenance. Agree for equal contribution. Keep emotions out of the court !! Your wife has voluntarily taken the child out of your safe custody and taking advantage of her own wrong.

Now DV ....she has to prove with evidences if DV has happened, do not get scared with these case, it is merely a pressure tactic to harass you so that you will agree for a compromise and hefty alimony.

You are earning well, go hire a detective and get proof of her salary and employment details. Once you produce docs in court stating her salary is 80k and expose her lies, the court will not grant her any maintenance and her case will fall flat. Later you go ahead and file case of Perjury, she will come for compromise.

These ladies who are highly educated and keep harping about their education /modern lifestyle , become abla in front of the court to claim free money.

Dont worry start gathering evidences and turn the tables on her. All the Best !!!