cpc

domestic violence


Domestic Violence or DV should be filed in court or police station? What is the procedure for that? What is the amount of maintaiance can be claimed of it? 

 
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Advocate

DV complaint can be filed in the police station or in the NGO/women's organization recognized by the State under the Act or DIRECTLY IN THE COURT.  Ninty Nine percent of Domestic Violence cases are filed directly in the court to cut the delay, because it is easier method.  The maintenance amount generally awarded will be about 1/3rd of the income of the husband, if the wife is unemployed.  The amount a petitioner claim depends upon various things, but generally the amount awarded would be just as I mentioned above.

 
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job

Ask chandu about DV since he have ruined so many lives. Just look how proudly he is giving you answers.

 
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Thanks...what is the procedure of getting the maintaiance amount? Should it be in cash or bank account money transfer is also valid ? or any other methods ? Just like to know what are the alternatives to cash transfer as both the party will be in fighting mood at that time...to avoid further collission of face to face meeting !!!

 
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Advocate

While court granting the maintenance order some times put in the order itself every month the money has to be transferred into the wife's account.  If the order is silent, the beneficiary (D.H. in legal language) moves execution petition for recovery of that amount and the husband will pay cash in the court or give demand draft in the court in response to execution petition.

 
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fighting against bias law

If she is well qualified then quantum can go low not always 1/3rd if she has work experience then it can go little more low. and 1/3 is not usual case , correct case is 1/5 to 1/3 is general practice based on facts.

 
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fighting against bias law

one more thing if DV is not proved then it will stop.

 
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