Dv act

Pradeep Kumar (Querist) 21 April 2014 This query is : Resolved
Hello All,
Regarding DV ACT:
1.I have taken the certified copy of the Domestice violence complaint.
2.she has prayed for 18,19,20 & 22
3.As a aliomony she has claimed Rs.10000000.00(1 crore)+2400000(24 laksh).
4.Myself and my parents we don't have any property and am having only one two wheeler in my name and my salary and my parents are depented on me.
5.In c.r.pc 125 she has claimed Rs.2500000.00 and 35000/month.
6.She is a B.E and M.S(U.S.A) graduate,she is having own house and accused of Cyber crime case .
7.After filing 498A ,Divorce and maintance case ie after 11 months she has filed Domestic Violence case.
8.And recently they have filed case against me ,my brother in Law and my uncle in Cyber crime to the same Inspector who was arrested her ,Inspector he start to threaten me and I have approached High court for Anticipatory Bail for all three ,when the court enquired the police is said the complaint given by my father in law is clsoed same we have got as a order.
9.here my query is:
- is the law is saying that husband need to give Lumsom amount in maintance and DV act?
- As per my understanding law is saying husband has to pay maintance every month only am I correct?
- considering all the above factors please tell how I can defend my self?Every where they are using their money power even when the 498A matter is in the court police is calling me for enquiry and harrashing me ?what should I do in this situation?

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Nadeem Qureshi (Expert) 21 April 2014
Dear Querist
my opinion on your queries are as under:

- is the law is saying that husband need to give Lumsom amount in maintance and DV act?
Opinion: in maintenance case u/s 125 the husband is liable to pay an amount of maintenance monthly. but in DV the victim claim compensation and not maintenance only so if proved that the domestic violence commited by husband or his family members then court have power to pass an order to pay lumpsum amount, otherwise not.

- As per my understanding law is saying husband has to pay maintenance every month only am I correct?
Opinion: it is correct but the court have power to pass an order from the filing of petition so all arrears have to be paid.

- considering all the above factors please tell how I can defend my self?Every where they are using their money power even when the 498A matter is in the court police is calling me for enquiry and harrashing me ?

Opinion: contact a lawyer personally with all documents

Devajyoti Barman (Expert) 21 April 2014
Husband is bound to maintain his wife if the wife is unemployed.
If you could establish her high qualification and employment even if past, maintenance is unlikely to be allowed.
Even if it is allowed the same will have to be on the established salary of yours. Her claim has no value unless she could support her claim of your earnings.