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Ashok (Software engg)     23 October 2013

Need to pay to wife ? during dv case

Hi..this is ashok from bangalore.. my wife already filed 498A..we got Ab after arrest..now to harrase us she is filling DV case.. 

my q

1. please let me know..once my DV case if running..do i need to pay to wife during case?

if yes what is section or law then how much?

how to avoid it?

 

Thanks,

Ashok



Learning

 7 Replies

Sujith (Asst Commercial Officer)     23 October 2013

if she file for dv then you tell the court that you are ready to keep her and she withdraw the society on her own will.And place a condition that you are ready to maintain her if she lives with you

Laxmi Kant Joshi (Advocate )     23 October 2013

1.yes once order has passed by the court , you have to pay the amount sanction u/s 20 of DV act . 2. Its upon courts discretion how much amount he sanction after viewing your salary , lialibilities upon you etc...

Laxmi Kant Joshi (Advocate )     23 October 2013

@ badtrapped , Ashok ji has not given full facts regarding his case , therefore It is presumed that in the case of 498a domestic violence is always there.

Laxmi Kant Joshi (Advocate )     23 October 2013

@ badtrapped , Ashok ji has not given full facts regarding his case , therefore It is presumed that in the case of 498a domestic violence is always there.

stanley (Freedom)     23 October 2013

,The allegations have to be proved that she has been neglected in order for her to claim maintenance or interim maintenance .

1,. If she is a working women having sufficient means .......... than she cant claim maintenance.

2. if you have a kid and she is working than maintenance is co- extensive .,

3. If you dont want to keep her in your house and she is not getting a Housing rent allowance from her job that is sufficient for her rent than you have to pay her a rent allowance as ordered by the court .,

,Now Google,download and read the domestic violence act section  17,18,19,20,21,22 and be ready to run up and down the court premises for the rest -5-7 yrs .;)

 

Laxmi Kant Joshi (Advocate )     23 October 2013

@badtrapped , 1. Have you any proof that she is MA, B.Ed. 2. What salary she was getting at The time from resigning The job . 3. what sort of solid proofs are with you of your innocence not doing domestic violence upon her 4 .how will you prove that you never made any taunt to your wife , never abuses her and her parents , never do any physical , mental , emotional violence upon her. 5.The remedy is only to fight the case on their merits or reconcile with her.

T. Kalaiselvan, Advocate (Advocate)     23 October 2013

If she is not employed at present and have no source of income to maintain herself, the Court may order for interim maintenance in the DV case also.  Her educational qualification and previous employment will not be a reason or ground for rejecting her claim.


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