Section 12
Sujith
(Querist) 14 June 2013
This query is : Resolved
If a husband is ready is take his wife along with him in dv case and wife is not ready to go with husband shall the court order husband to pay the maintenance
Anirudh
(Expert) 14 June 2013
It is not the question whether the husband is willing to take the wife with him or not. The question is about the domestic violence suffered by the wife. If the wife is aggrieved that she had been subjected to domestic violence, just because she refused to go with the husband, her case will not suffer and she cannot be denied any of the reliefs prayed for by her.
Advocate Bhartesh goyal
(Expert) 15 June 2013
If it appears from the petition that domestic violence has happended with wife then court will provisionally order for maintenance.
Raj Kumar Makkad
(Expert) 15 June 2013
The husband shall have to pay maintenance even in the given circumstances because these are two separate issues.