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(Guest)

case of interim in dv act &maintenance

sir i am student of M.C.A(MASTER OF COMPUTER APPLICATION)

my wife file a case of dv &125.she accepted that she has a plot of 50 yards in west delhi.

i have a proof that she is currently working in a watch company and also video and get income of rs.10000.

i am not working yet i am a student. i have not any piece of land on my name

i have a little daughter whom i paid 1000 per month.

 is court allow maintenance for her ?



 5 Replies


(Guest)

sir and she is saying in the court and in mediation that she wants to live  with me

but i do not want him back

on the next date i.e tomorrow i have to give my answer in court that i want him back or not

i wnt to say no

but currently i am not in condition to give maintenance more than 2000

 

what   i do to overcome from this problem

Arup (UNEMPLOYED)     16 September 2010

when you are a student and having no income; on the contray, she has a plot in delhi and earning, therefore she is in better financial condition and you may counter claim for maintenance, stating your datas.

Arup (UNEMPLOYED)     16 September 2010

'she is saying in the court and in mediation that she wants to live  with me, but i do not want him back'

- tell the court, you are unwilling as because - she files false dv case and harras you.

i could not understand why you want maintenance rs 2000? on what ground? she is working and in better financial condition than you.

Arup (UNEMPLOYED)     16 September 2010

Read these two threads.

 

Family Law > LAWS NOT SO BIASED- REMEDY TO FALSE 498A  

 

Forum Home > > Family Law > Re:Re WHAT IS THE REASON LOGIC BEHIND THE MAINTENANCE POLICY

 

(b) "Maintenance" includes-

(i) In all cases, provision for food, clothing, residence, education and medical attendance and treatment ;

(ii) In the case of an unmarried daughter, also 'the reasonable expenses of and incident to her marriage;

(c) "Minor" means a person who has not completed his or her age of eighteen years.

23. Amount of maintenance.

 (1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under this Act, regard shall be had to-

(a) the position and status of the parties;

(b) the reasonable wants of the claimant;

(c) if the claimant is living separately, whether the claimant is justified in doing so;

(d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;

(e) the number of persons entitled to maintenance under this Act.

(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to-

(a) the net value of the estate of the deceased after providing for the payment of his debts;

(b) the provision, if any, made under a will of the deceased in respect of the dependant;

(c) the degree of relationship between the two;

(d) the reasonable wants of the dependent

(e) the past relations between the dependent and the deceased;

(f) the value of the property of the dependent and any income derived from such property; or from his or her earnings or from any other source ;

(g) the number of dependents entitled to maintenance under this Act.


(Guest)

then what  i have to say in court while she is saying to live with me while i do not want her back in my life

i have a slip of repairing watch given by her &i in her own writing and also the video of that time while my man giving  to her that watch & taking the slip.is it valid to proof to proof her job 


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