Whether my wife can get maintenance in domestic violence

pravin (Querist) 21 August 2014 This query is : Resolved
my wife has filed false 498 against me after one year she has also filed domestic violence. she was working when she filed 498 and also she is well educated but now she is not working. Is she entitled for maintenance under domestic violence.

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ajay sethi (Expert) 21 August 2014
if you are able to prove that your wife was working in past and was drawing decent salary you wont have to pay maintenance

Advocate Bhartesh goyal (Expert) 21 August 2014
If your wife has no source of income and maintaining herself then she has entitled to get maintenance from you under the Act.

Rajendra K Goyal (Expert) 21 August 2014
Oppose the maintenance move of the wife on the basis of her education and previous working. If it is proved that she intentionally left job to get maintenance it may not be granted.

Shonee Kapoor (Expert) 21 August 2014
Can she get maintenance? Yes she can.

Would she get maintenance? Depends on many factors.

One small clarification, I am seeking, is the DV filed after ONE YEAR of seperation, in such case, it would be prudent that you try to get the same case dismissed as barred by limitation period of ONE YEAR.

Regards,

Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.

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