Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sangeetha Iyer (nil)     30 October 2014

Dv

I filed Domestic Violence against my husband during Feb'2013.He is working in a reputed MNC owns a house, car etc and earning an handsome salary. Last april we went for mediation. He dragged it to the month of August and finally he did nt turn up when we were about to sign the agreement. Again for the second time he came for a settlement during the month of January 2014and my advocate also advised me to go for a compromise without any compensation from him, as he refused to give the same. I also agreed for the child's sake but again he didnt turnup on April when we were to sign a join memo. Now after 6 months , wen my lawyer was about to apply for maintenance, he has again come for settlement stating that he was always ready to take us back and it is me who is not ready to go back with him. As from the above, it is very clear that he has fooled me twice in the name of settlement just to avoid paying maintenance. Now he is doing the same for the third time. There is a solid proof of absenting himself on both occasions,Given to these facts, I ve decided that if he is taking us back, I will agree to go back with him only subject to his acceptance of certain conditions of mine. Secondly he should give me compensation, as he has not given me a single pie as maintenance for the past two years also he should take a seperate house. If he is not agreeable to these conditions of mine, I shall not go with him. Please advise and suggest . It was his evidence stage.He



Learning

 2 Replies

Pradeep Verma (Advocate)     30 October 2014

Well if you go back, then he will not be giving you a maintenance amount as he will be maintaining and looking after your needs at home. You cannot legally ask him to maintain you while you are living with him. But you can settle with him to pay you a certain amount for the harassment and agony he has caused to you all this while and also ask for a separate place to live. 

Have I answered all your doubts?

 

Pradeep Verma, Advocate Allahabad High Court

1 Like

BHUWAN RAJ 09839268489 (lawyer)     30 October 2014

Yes u r right. Better would be if u ask for a lumpsum amount as compensation in mediation nd if he refuses proceed in advise of a lawyer. Regards Bhuwan raj,adv. Cell 09839268489.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register