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bbratnam (nill)     14 May 2015

125 cr.p.c vs pwdv act

Can wife get equal status in Domestic Violence cases?

For example,

>>Husband salaray is 20,000.
>>Court directed to pay only 2,000 per month towards the Maintenance of wife u/s 125 Cr.P.C.

Is it possible to get equal status (10,000) as husband, If filed a case Under PWDV Act??

If Possible, Please quote any refrence judgements.



Learning

 6 Replies

bsrao   15 May 2015

No. Wife can only get interim maintenance now and even later the quantum will not be 50% of husband's salary. Variety of considerations come into play.

advocate nitin kumar (lawyer)     15 May 2015

yes the wife is competent for equal status...but the court decides how much maintenance does the wife gets 

it depends upon various factors which are kept in mind while deciding the maintenance allowance to be given to wife,

 

but in domestic violence the wife can claim damages against husband for one time only (one big amount for mental and physical tortures) and then section 125 of CrPC will follow.

consult a good lawyer for high maintenance allowance and leave the refrence judgements for lawyers only.

 

hope that helped.

Shantanu Wavhal (Worker)     15 May 2015

in DV, wife can drive away the husband & his relatives from their own house.

its a very funny law.

T. Kalaiselvan, Advocate (Advocate)     17 May 2015

There is no such rule that the wife will get half of her husband's income towards maintenance, matter of fact there is no parameter to measure the quantum of maintenance award amount.   Better stick to your claim and do not stretch greedy arms to grasp everything from him in the name of rights. 

husbandinneed   18 May 2015

Also  the DV must be proved to get the interim maintenance as well as the residence order, correct sir?

https://www.iamin.in/en/mumbai-south/news/no-relief-women-who-can%E2%80%99t-prove-domestic-violence-36963

stanley (Freedom)     18 May 2015

@ author first come clean . 

1. Whats your status ? Employed / Unemployed ??

2. Whats your educational back ground ?

3. Are you capable of earning ?

4. Have you worked before ?

5. What assets / Savings do you have ?

only after you answer the above can a reply be given . its seems from your query that you have a lot of greed . 


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