Sangeetha Iyer (nil) 13 December 2013

Domestic violence

I was literally thrown out of the house along with my daugter by my husband and his mother. Since then my husband has not been giving single penny as maintenance. From the beginning I've been facing lot of problems in my married life. It has been one year of our seperation and I am in my sister's house. I filed a DV case against him in Feb'2013. We went for a mediation in the month of April, he kept on dragging. We were about to sign an agreement and live to gether, but he didnt' turn up for the final mediation. Eventually the matter went back to court in August. Even now my advocate told me that his advocate has been asking whether we are going for a settlement and he is ready to take me back. I decided to go back with him provided he gives me some compensation. Then he refused to give any compensation or to accept any of my conditions. In turn I gave up on money but told my advocate that I'l not be ready to accept any of his conditions. If he is ready to take me back without imposing any conditions, I am ready to go back with him. Till date he has not replied. So from this what I could understand is he doesn't have any genuine intention to take us back. He just wanted me to withdraw the case and go back with him. Taking this as advantage, he will try to impose stringent conditions on me. Now I feel what is the use in going with such a person. I know very well the DV case will drag on and it is more of tension. He is a person who hesitates to shell out a single penny. I would like to know if I go for a divorce, how much will the court grant as maintainance/ permanent alimony. He is working in MNC drawing almost more than 65 K has a car and own house.I am having a daughter of 3 yrs old. he may not agree for divorce, but he is not ready to take us back us also. I've tried it twice. Then what is the use in going back with such a person, who does't want to take our responsibility as he feels that he has shell out money for us.

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Rutumbhara Nayak (lawyer) 08 January 2014

From the fact it seems that you are still confuse and thinking about divorce. So, my advice is please go and discuss with family member or lawyer and then decide finally, please do not take any action which makes you responsible in future.
How much will the court grant as maintenance?
The maintenance order of the court can be executed according to the provisions of the law under which it has been ordered. On granting maintenance under Section 125, the Court looks into various factors. The Court takes into consideration the income on the spouses. Even a working and earning woman is entitled to maintenance under Section 125 of CrPC, if in spite of her earnings, she is unable to maintain herself. Initially, a misconception existed that a working woman is not entitled to claim maintenance as she is earning and is thus able to maintain herself. If husband in the court refuse to pay maintenance then court may sentence such person. The remedy under Section 125 of Cr. P.C. is more popular than the relief of alimony under the Personal Law. Section 125 of Cr. P.C. of 1973 is the criminal remedy, firstly, is cost wise cheaper and speedier and secondly, it keeps the husband constantly under tension of criminal court. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com.