Dv act
mayur satarle
(Querist) 22 September 2016
This query is : Resolved
sir, wife and daughter have been granted Rs. 50,000/- interim maintenance by the court. no arrears are pending from husband. however even after maintenance has been paid regularly, wife has made application to the court seeking payment of expenses to the tune of Rs. 1,00,000/- which includes car repair and child's trip (the child was sent against the advice of father). my question is though maintenance is paid regularly can wife file such application in court?? if no any judgement regarding the same.
Devajyoti Barman
(Expert) 23 September 2016
The DV court apart from regular maintenance is not equipped to grant costs of such charges. So there is nothing to worry.
Citations are not supplied here.
vamsi
(Expert) 23 September 2016
court does not allow such petitions.
Raj Kumar Makkad
(Expert) 23 September 2016
Interim maintenance consists of all such incidental expenses hence there is no scope of acceptance of such application.
Rajendra K Goyal
(Expert) 23 September 2016
Wife may demand any thing, oppose her demands strongly. Seems court may not allow such expenses.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 September 2016
D V ACT is most draconian act and other side legal experts can mend it any way to the benefit of their clients particularly in high profile cases.
RECENT shalu vs prashant CASE OF SC IS ITS CLASSIC EXAMPLE THAT HUSBAND SHOWING ANNUAL INCOME OF ABOUT TWO LACS AND RELIEF GRANTED TO WIFE FOR 2.5 LACS PER MONTH.
Your option is to take highly expert legal help and can contest only on two points ONE there was no domestic relationship and hence no voilence and other is there was no domestic voilence at all.
cherukuri prasad
(Expert) 23 September 2016
Anybody can petition anything in court. You have the opportunity to oppose or ignore.
Rajendra K Goyal
(Expert) 23 September 2016
Expert cherukuri prasad Sir,
Please advice whether he should take the risk to ignore the application submitted by the wife.
Humbly I differ. He should effectively oppose and should not ignore.
Raj Kumar Makkad
(Expert) 25 September 2016
I do not agree with the advice of DFENCE that DV Act is draconian. None of the Acts can be decorated in such words.Material thing is how do we use a knife which may be used for cutting fruits or throat. Knife is not responsible for any consequences and thus you cannot punish the knife.
mayur satarle
(Querist) 26 September 2016
Respected experts, my sincere thank you for the help and advice given by you all. . I shall oppose the application sttongly and shall specifically mention that maintenance granted by court covers all such incidental expenses. .
Thank you Devajyoti Barman sir, vamsi sir,raj kumar makkad sir,cherukuri prasad sir,Rajendra K Goyal sir for the kind advice.
Raj Kumar Makkad
(Expert) 26 September 2016
You are always welcome and you can even apprise all of us qua development in your case in the same thread.
Rajendra K Goyal
(Expert) 26 September 2016
You can revert if any problem faced.
Guest
(Expert) 01 October 2016
The whole discussion was based on purely on hypothetical story with academic query, when the author did not have any such problem at hand, more so when the author himself is a lawyer, as per his profile created more than 4 years ago.
A question arises, has the court ordered any such expenditure to be allowed to his wife?
Another question arises, how the need could arise for asking for any judgment when he has not mentioned whether her application was admitted or not, and if admitted on what specific ground?
There is no restriction on filing an application in the court, but mere application cannot be considered to have posed a problem.
His query, "can wife file such application in court?? IF NO ANY JUDGMENT regarding the same," in itself denotes that he posed merely an academic query.
