Sandeep 15 February 2017

Section 12 in the protection of women from domestic violence

Hi,

My wife left home in Jan 2015 and charged fake 498A case aganst me in session court currently 498A case is running, we are present on every date but they are not. This case is running more than 1.5 yrs but nothing is happened till date.

Now she charged another two cases -

1) Under section 12 domestic violence act.

2) 125 - Alimony

Now she is demanding 25 lakhs for medical then monthly 30,000/- and 5000/- for rent.

So PFB my questions -

1) officially we are still husband and wife still she can apply for alimony?

2) She is BCOM graduated and working in some company, in this case alimony is apllicable?

Could anyone help me in this?

appreciate for all your help.

Thanks,

Sandeep

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3 Replies

Sachin (N.A) 15 February 2017

If you can prove that she is earning then she is not entitled for maintenance.

A walk alone (-) 15 February 2017

1) although you are living separate since 2 years but you are still legally husband -wife. She can appeal for alimony. 2) if you prove her job or earning in court then she might not get maintenance. You should Try to gather evidence of her earning. You can hire detective. He can help you in getting evidence. 3) no need to attend court regularly in 498a . you can take medical or other reason. 4) try to settle matter via MCD. Otherwise you may waste a decade in roaming court .