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Tana Tony   10 January 2021

Domestic violence act

wife has filed DV case against husband and court grant interim maintenance of Rs 20000/ per month. but wife is well qualified and doing private teacher. my query is that whether she will entitle to get maintenance?


Quick Summary
This discussion addresses whether a wife, who is well-qualified and employed as a private teacher, is entitled to maintenance after her husband was ordered to pay Rs 20,000 per month. While her earning capacity is a factor, the purpose of maintenance also considers her right to maintain her previous standard of living. Options to challenge the interim maintenance order include filing an appeal or revision.

 2 Replies

Advocate Bhartesh goyal (advocate)     10 January 2021

If wife is well qualified and earn sufficiently for her livelihood then she is not entitled too get maintenance.Challenge the order by filing appeal before session judge.

Pradipta Nath (Advocate)     10 January 2021

You may go for revision but also note that the purpose of maintenance is not that your wife is in a well position to earn her livelihood but the fact the she is entitled to lead her life what she was used to lead earlier in her husband's house. Similar!!

Go for revision before the High Court if the order has been passed by the Family Court, else before session if the same has been passed by the Magistrate Court.


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