NOTE: Reposting my query, as most Learned Lawyers told me to write concise points:-
Is Domestic Violence RELIEF is given mandatory? As in, even if Wife is earning and doing 10 times better financially than husband, still she is awarded maintenance, as a Domestic Violence RELIEF?
CONCISE POINTS:
- Hindu Marriage - Wife left husband because he had an accident and she didnt want to take care of a handicap person. - 1 child born out of wedlock, which she didnt allow husband or husbands side to visit the child.
DOMESTIC VIOLENCE written statement - wife has come up with all the fabricated stories in DV, and I am sure it would be eventually discarded !!
HUSBAND: Handicap, Unemployed, Takes tuitions, Earns Rs. 5000/month, No house, Living in his mothers house. Husbands mother pays Interim Maintenance of Rs. 7500/month, out of her limited pension. In CrPC-125, her maintenance appeal was not entertained.
WIFE: Works in IT, earns Rs. 1.25 lacks/month, has a Luxury Flat in South Mumbai worth 5.75 Crores.
QUESTIONS:-
(A) Is relief under Domestic Violence is given to wife always? Or there has to be a huge income gap?
(B) Wife earns 15 to 20 times more than husband, but still she is asking monitory relief through DV. Can she get it, especially when she cant prove anything in DV?
(C) Husband got a plot from his mother, but he again transferred it back to is mother, by gift deed. Can she claim that as husbands assets, for DV relief?
(D) She never lived with her mother-in-law (MIL), but she has put case on her MIL as well, so is it that court will make 75 year old MIL to travel far away to wifes city?
(E) Wife is combining, husbands mothers property, brothers property, sisters property, neighbours property, as well as family friends property, as a COMBINED PROPERTY, and telling court that this is husbands ancestral property, and based on that court should reward her monitory relief. Can she do that?
NOTE: Divorce was filed by husband, in husbands city, but wife got it transferred it to her city by getting a HC order.
Thanks to all in advance.
