Regarding domestic violence

Querist : Anonymous (Querist) 11 July 2021 This query is : Resolved
I want to ask that iam already paying maintenance to my wife since 2016. Court has declared 7000 maintenance 5000 for wife and 2000 for my son who is 11 years old. Now my wife has done domestic violence case against me in which she has claimed 4000 rent amount and my sons school fees for last four years.
I am paying her 7000 since last five years.
Now my question is that can she claim rent money and sons school fees for last 4 to 5 yearsunder domestic violence, as under section 125 iam paying her 7000 maintenance as ordered by court

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Quick Summary

This discussion addresses whether a wife can claim rent and past school fees under the Domestic Violence Act when maintenance is already being paid under Section 125 CrPC. Legal experts explain that while a wife can make such claims, the court will consider all factors, including existing maintenance payments and the husband's financial capacity, before making a decision. It is advised to present your case facts to the court and consult with legal counsel.

K Rajasekharan (Expert) 12 July 2021
The wife has the right to claim anything she likes as these legal provisions remain as separate entities without any integration, to make them a unified whole in terms of maintenance and related issues.

But it is the duty of the court to balance those parallel provisions.

So, you can present your facts to the court considering the present case. It would either reject her claim altogether or ask you to pay some more amount in addition as it thinks proper. The court has enough discretion.
If you have grievance over the court order, you have the right approach the higher courts with appeal or revision.

SHIRISH PAWAR, 7738990900 (Expert) 12 July 2021
Hello,

Under the provision of the domestic violence act, you will be liable to pay the monthly rent in addition to maintenance u/s. 125 of cr.p.c.

P. Venu (Expert) 12 July 2021
Yes, she can claim anything. It is for the Court to decide. And the Court's decision depends upon the facts and circumstances. It is impossible that there could be a straight jacket formula.

Dr J C Vashista (Expert) 13 July 2021
Although separate laws govern the subject matter even then financial capacity, standard of living and status of respondent (Husband / father) including the amount already awarded in the case u/s 125 CrPC shall have to be considered by the Court at the time of deciding quantum of maintenance, shared household, interim maintenance and any other relief claimed by the aggrieved person under the provisions of Protection of Women from Domestic Violence Act, 2005.

Your counsel is the best and only person to make proper opinion, advise and proceed as required.

Pradipta Nath (Expert) 14 July 2021
Yes she can claim. Better to defend yourself.

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