Domestic violence
Sujith
(Querist) 10 January 2014
This query is : Resolved
dear respected experts pls let me know after filing dv case on me my wife is now saying tht i have to stay with her at her house other wise she will go for divorce and for divorce she is demanding 10 lacs.we have a nine month old baby boy.and she and her parents dont allow me see my baby too.she is saying that she will tell the court tht she will not go with me to my place and me have to stay with her home.if i am not interested in this condition then she will only need maintenance without staying me and i am ready to take her with me at my place.i am not ready for divorce
1.will the court order me to live with her at her place?
2.or the court should tell her to live with me at my place.
3.my salary is 12450/-if i she go for a divorce and demand for 10 lacs will the court order me to give 10 lacs becoz i dont have that much money with me.ionly have my salary no bank deposits and all.
ajay sethi
(Expert) 10 January 2014
1) court cant force you to stay at your wife parents place
2) court will try o help you arrive at an amicable settlement via mediation
3) you wont be called upon o pay Rs 10 lakhs .
Sujith
(Querist) 10 January 2014
ajay sir the mediation has already failed on aug 31st in mediation she told the same condition for settlement and she also told the Councillor that she will move supreme court also
Rajendra K Goyal
(Expert) 10 January 2014
If you don't want to pay, let her proceed for divorce. She can file 498A, DV case, maintenance case etc. against you which may be taking a good time and money of yours, but if you have no money to pay no other alternate left but to face.
For your query, court can not force either you or her to live together against the wish. Court can not order you to pay 10 lacs but can ask you to pay maintenance.
Rajeev Kumar
(Expert) 10 January 2014
Ajay and Goyal sir have directed you well nothing left to add further.
Devajyoti Barman
(Expert) 10 January 2014
No, is the answer in all three questions raised above.
