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DB   12 October 2021

Domestic violence case after 6yrs of filing 498a

498a has been filled 6yrs back. Still under trial. 125c final verdict has done 5.5 yrs back. 6yrs in separation and no payment of maintenance has dropped .
Can wife file domestic voilence case in this situation?


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 4 Replies

Anusha Singh   13 October 2021

As per your query it is understood that you need information regarding the alimony which is not paid to you even after the final verdict given by the concerned Court.

Once the Court passes the order, the supporting spouse has to pay alimony within the timeline decided. If payments are not made in time, there are consequences; the court can take further action against the spouse, such as penalties and in some cases the Court can order imprisonment too.

In case of non-payment of maintenance money without any sufficient cause, the wife can approach the court and file a criminal case against him. The court can secure the award by putting a charge on his property.

Maintenance rights of a wife are one of the most powerful legal tools in the hand of neglected wives, women who are divorced or women living separately from their husbands. It enables them to sustain their life with pride and respect.

It is suggested to consult a divorce lawyer to claim maintenance either in a lump sum or as monthly payments.

Hope it helps!

 

Regards,

Anusha Singh

 

 

Dr J C Vashista (Advocate)     13 October 2021

All the case(s) are independent of each other, despite the fact it is between same parties.

No bar to file case u/s 12 r/w 18, 19, 20, 21 and 23 of the Protection of Women from Domestic Violance Act, 2007 through your counsel who is well aware about facts and circumstances of the case(s) .

1 Like

P. Venu (Advocate)     13 October 2021

You have not posted the material facts.

minakshi bindhani   14 October 2021

As per your illustrated query!

Maintenance is a separate right of a wife but only if she has no means to support herself. But in 498A or dowry harassment case, it is not decided for maintenance the wife can file a separate case under section 125 of Criminal procedure Code, Domestic Violence Act, under section 18 of Hindu maintenance and adoption Act.

Hope it is helpful!
Regards
Minakshi Bindhani
1 Like

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