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Domastic Voilence Act 2005

(Querist) 12 October 2009 This query is : Resolved 

My wife has petition case for maintenance (Podagi ) at pimpari Court under domestic Violence Act 2005.

I have made put up case in Pune Court for divorce on cruelty bases on 2007?

The case on going on

My wife has also made petition case at Kalyan court for maintenance

The said case is also going on

I have no job at right now, How much I have to pay maintenance (Podgi) her as per domestic Violence Act 2005 ?

Regards,Choudhari Vilas

joyce (Expert) 12 October 2009
Mr. Vilas , Ur wife has filed a petition of maitaninace aganist you in two different courts one at Pimpri and other at Kalyan. Court case can be filed at any one place either where she resides or u resides, two places of filing petition is not allowed in law n its procedures. On cruelty ground u have filed a divorce petition, its ok. so what stage does ur case is proceeding with? what work/job u do? what is ur income per month? Is ur wife a working lady? Do u have any property self acqiured or anseatral one? all these if you answer then you can get a satisfied and complete answer to ur querry. let us know in ur next visit on net on this web. Ur not working right now, but what about ur qualification? u didnt let know, usaually from Rs 500/- Minimum maintaince amount starts but as per the status and standred of leaving of the person and number of children etc..etc.. maintainace is provided.
Sachin Bhatia (Expert) 12 October 2009
For assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the husband. It also judges whether the wife is justified in living apart from husband. justifiable reasons are spelt out in the Act. Maintenance pendente lite (pending the suit) and even expenses of a matrimonial suit will be borne by either, husband or wife, if the either spouse has no independent income for his or her support. The same principle will govern payment of permanent maintenance.
Your wife can not file two petition for Maintenance, this is not permissible in law.
Raj Kumar Makkad (Expert) 12 October 2009
Agreed with Joyce and Sachin.
A.P.Manoranjan (Expert) 12 October 2009
Petition for maintenance in two courts is not permissible.Rest you have to give full details as to calculate the amount of maintenace your wife is entitled.

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