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Suryaa.saravanan (other)     12 March 2013

Domestic violence act

dear all

we dont have any child, and we are staying only two months after marriage, we seprated more than approax 2.8 years. she is asking interm maintenance under dv act section 12.

she is eligible for maintenance.



Learning

 13 Replies

Tajobsindia (Senior Partner )     12 March 2013

Based on facts she is not eligible for maintenance as acts of violence are not continuous in nature under quasi-civil laws when parties are not residing together from last 2.8 years.

Adv k . mahesh (advocate)     12 March 2013

she is not elgigible for maitanience 

Nitin (Law)     12 March 2013

What you mean by she is asking interm maintenance under dv act section 12.

 

She cannot ask its the court which decides on what basis she gets maintenance.As you are not living with her for 2.8 years and which can be termed as cruelty and on this basis she can easily file other charges against you and get maintenance and alimony.

 

As mentioned by Taj here that as acts of violence are not continuous in nature under quasi-civil laws when parties are not residing together from last 2.8 years so becareful cruetly can be put into criminal law and in that case the act of violence become continuous in nature. 

Msk-need -nuetral- laws (self)     12 March 2013

Agreed with Nitin; that many fail to think this and be ideal until bullet was hit in head in the form of other sections

Msk-need -nuetral- laws (self)     12 March 2013

correction : idle instead of ideal in above post

Suryaa.saravanan (other)     12 March 2013

Dear Mr. Mahaesh

 

Thank you for your valuable reply. what  can i do how to stop interm maintenace  any judgments please

Suryaa.saravanan (other)     12 March 2013

thanks 

what should i do what is the next step for me.. please suggest.. 


(Guest)
Originally posted by : Suryaa.saravanan

Dear Mr. Mahaesh

 

Thank you for your valuable reply. what  can i do how to stop interm maintenace  any judgments please


Start paying money ASAP.  As little as you can, into her bank account, before that you tell judge to ask her to open SB account.  That way he wont be able to order any maintenance

Adv k . mahesh (advocate)     13 March 2013

 

M.Ajith Kumar, Aged 41 Years vs K.Jeeja @ Sanila, Aged 31 Years on 4 February, 2009

IN THE HIGH COURT OF KERALA AT ERNAKULAM

go through this judgement as this is similar to your case only thing difference is

1. 21/2 marriage husband went to gulf , she gave birth to child at her parents house and filed maitainence after 3 years. she left on harassment by her in laws and stayed at parents house 

 

Adv k . mahesh (advocate)     13 March 2013

https://www.indiankanoon.org/doc/195438/

M.Ajith Kumar, Aged 41 Years vs K.Jeeja @ Sanila, Aged 31 Years on 4 February, 2009

Harsha (servant)     14 March 2013

@Surya,

Are you working?

Suryaa.saravanan (other)     14 March 2013

no harsha i am not working righ now... 

Harsha (servant)     14 March 2013

@Mahesh,

You are saying that she is not eligible. On what ground it is based?


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