(Guest)

Maintenance under dv act

hello..following is my query:

my dv act is running and hearing is in november..my husband has filed divorce on the grounds of desertion and cruelty in family court in delhi..dv act is on the final stage hopefully my maintenance will get fixed....i have never worked after marriage..i have done mba..i used to work before marriage....i was ousted from my matrimonial home by my hubby and in-laws....i want to live in my matrimonial home...i don't want a divorce... i wanted to know can my husband skip paying maintenance.?.. there is a property case running on my matrimonial home..my father in-law claims that house is on his name..and that he has a will given to him by my hubby's grandfather with his sign.....however my hubby's bua's claim that the sign on that will are false...and that they want an equal share.... now under dv act in the court my hubby has mentioned that house is on his father's name and that he is staying with his father... i have an inclination that my hubby might have left that house so that am not able to enter my matrimonial home..he has not disclosed in the court that a property case is running on his father's name..also he must have shifted on some rent place so that he shows that he has no money to take care of me..... i know court will not force my hubby to stay with me..... but does that mean i can't enter my matrimonial home if my hubby is not staying in that house ? secondly if he shows that he is left with no money to pay my rent..so will the court direct me to work to make things easier fr my husband ? at present my husband is working and his in hand package is 1lakh 25000rs per month..... can he skip paying maintenance by saying that he has lot of expenses per month so he can't take care of me ? please throw some light on this....thanks

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4 Replies

Anish Thakur 7018812737 (advocate) 23 August 2012

respected querist,

you can file application to live in your matrimonial house,the right to live in the matrimonial house is inherited by you on the first day you entered into your matrimonial house after marriage,no matter if that property is in dispute,if any difficulty arose your husband is liable to provide you even the rented accomodation for stay.court can not order you to do a job to make things easier for your husband it solely depends upon you.your husband can not skip giving maintenance on saying excuse about his expenses,feel free to call if you had left any doubt .

(Guest)

respected anish sir.....thanks for clearing my doubts..... just 2 things i wanted to ask.....

1. when my husband will refuse to stay with me in that case he is supposed to provide me an accomodation for sure ..right ?? i mean court will surely direct him to provide me a rent accomodation ??

2.and how the maintenance amount gets fixed ?? his in hand package is 1lakh 25000rs per month,,,,, how much can i get every month ?

Anish Thakur 7018812737 (advocate) 23 August 2012

1.yes,court will surely direct him to provide you the residential accomodation if he is not able to provide you the same in the matrimonial home and if you feel risk in staying there.

2.its the juridictional powers of the court, before fixing the maintenace court sees many aspects like life style,needs of the applocant,necessity and responisbilities,however i guess you can get upto 50 000 rs as maintrenance per month depnding upon the ld courts decision and your pleading in the application.