Appeal against dv and maintenance case for working wife

Originally posted by : TroubledHusband
	Dear Madams/Sirs, Wife has previously filed a 498a case for which bail application is pending. She has now filed a DV + Maintenance case claiming: 1. Compensation for mental anguish and trauma etc under DV 2. Maintenance for self and 3 year old baby 3. Litigation expenses After marriage, we stayed in her Govt. flat as she is Govt. officer, permanent with all facilities & benefits. After few months of baby birth, I am now staying with relatives on temporary basis as all my belongings are in her house and she threw me out of her house on some false pretext. Her parents are also staying with her now - though retired, they have comfortable pension from govt. job. She is also earning well. Please let me know: 1. If court will give compensation for any claim she has made under DV Act before charge sheet/FIR/trial case has started?   Under section 23 the magistrate has power to pass on exparte orders of 1.  Residence. 2.  Provide police protection. 3.  Award monetary relief. 2. Will she get maintenance or interim maintenance although she is earning and has house comforts etc. Answered above. 3. If I will be liable to pay maintenance for baby and if so, how much?   If she is not working, you are liable to pay her money for maintnance and to the kid.  How much?  That depends on your income/property, her income/property. 4. If I need to pay litigation expenses and if so, how much? Same as above. Thanks a lot.

Welcome.

Also have a look at this.

https://www.lawyersclubindia.com/forum/Husband-should-pay-maintenance-even-if-he-is-jobless-hc-78576.asp#.UWTM26LTy_o

@ Author 

In DV there is protection officer who make a domestic incident report after your wife relates the incidents to him or her . Normally the protection officer signs on the DIr without inquiring into the facts and sumbits the same in court .

As your wife is a working women and having a goverment flat or may be drawing a HRA sheis not entitled to maintannce or right to residence . 

For the baby maintanence is co- extensive and both would have to contribute towards maintanence of the child .

Thanks a lot for to everyone for your prompt replies. Gives me some relieft. After talking at home, 2 more questions:

She now asking for multi-crore settlement as compensation for mental agony and trauma at this stage of filing application. How is this decided?

Also demanding money for marriage costs and stridhan which she already has with her. How will this be decided?

Once again, thanks for all your time.

She will ask for the Moon can it be given :-)  There is no law in place where marriage costs should be reimbursed . Normally when stridhan is handed over it should be done with at leat two witness . Anyway let her prove that the same is with you and you make your statement that she has already taken the same before leaving your house .

@ T H, 

Marriage expenses will not be provided, and to my knowledge, there are no ruling for that, in fact there are ruling against claiming marriage expenses.

For stridhan she should provide evidence that you misproportinoed it and you posses them

Reducing maintenance is stratergic defence and involves multiple factor, there are some good old posts in this regard by Tajobs, please self-help

Thanks you everyone once again. I will reply with further developments/ issues as they come up.