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ashmita (executive)     29 August 2012

Domestic violence case

if wife wants to file dmestic violence case.......and file interim maintenance......then will the judge force the wife to find a job and work ?? however am not asking maintenance on my own....my husband forced me out of my matrimonial home.....am still willing to live with my husband..... i have done mcom...... but i have never worked after marriage.....before marriage i was working..... and when i got married at that particular time i was not working....... so can anyone please tell...... judge can direct me to work so that my husband doesn't have to give maintenancce ??



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 16 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     29 August 2012

Well, firstly...if you wish to stay with your husband, you can file a petition for Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act.

 

Regarding your interim maintenance query, although you do hold a M.COM degree but since you were not working at the time of your marriage and I believe you did not work after your marriage as well, the court should not deny you the benefit of interim maintenance. If your husband earns a good amount of money, that too will help your cause and the court should be lenient enough to give you the benefit although you are capable of working and earning (which defeats the purpose of asking for maintenance in the first place). The judge may also consider the grounds you have mentioned in your Domestic Violence Petition (at the back of his mind) while deciding your interim maintenance application.

1 Like

SOUMITRA SEN (SR MANAGER)     30 August 2012

your hubby can surely take the plea that you are employable but not getting into employment deliberately and trying to piggy back on your husband's income.,more so as you were employed before marriage.how does it change the scene that you are not employed after marriage but were employed before marriage.also please note that you will have to prove the merit of your case and face cross examination and maintenance is not automatic.you are silent on the aspect what happended that your Husband forced you out of the home,that factor is also very important.also important is the limitations of time and jurisdiction.your mail is silent on these also.

1 Like

dowry victim (housewife)     30 August 2012

@Soumitra

It is true that her post is silent on all the details of what happend between her and her husband but these are not required at this point of time for this particular query.

Also, if you read her post carefully without jumping to conclusions you will read that she said that she was not working at the time fo marriage. So, the husband cannot take the plea that the wife is trying to piggy back on the husband's income.

@Ashmita

It is true that you will have to face cross-examination and prove your case. The judge cannot force you to work. You will be given maintenance. Just that may be the maintenance you will get will be a little less compared to tohers as you are qualified. If you have a child in your custody, you will get maintenane for your child irrespective of your qualification or employment. The father will not be freed from his responsibilities of the child just becasue his mother is working/qualified.

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dowry victim (housewife)     30 August 2012

However, I would advice you not to dpend or worry about this maintenance. It will be a while befoe the judge grants you the maintenance. He will definitely appeal aganst th judgement and then it will take more time for the judgement. Even if his appeal fails inspite of having Court orders he will still not give you the mainteance and give pety and lame excuses every time. You will wait for a couple of months get vexed up and again complain to the court. He will come and apologise to the judge giving lame and petty excuses saying he was sick or out of station or lost his job or something like that and promise to give the maintenance regularly going forward. he will pay the maintenance regularly for a couple of months and then again stop paying. This cycle will go on forever and you going to get nothing out of it.

Therefore, I sincerel suggest you to get a job first. This will help you relax and divert your attention and concentration. Also, you need to be financially strong to hire good lawyers and build a strong case against your husband. Having an independent income instead of depending on your parents is a better idea for that. So start looking for a job. By the time your mainenance case comes for hearing, if you have a job you can simply say that you have a job  clearly mentioning how much you earn so that the judge can decide how much maintenance to give if any and if you dont get a job by then you can simply take the maintenance.

1 Like

dowry victim (housewife)     30 August 2012

Regarding you wanting to live with your husband,

I suggest you o seriously think about it and decide.

Do you really want to live with a guy who harasses you like this and always keeps pushing you out. Is this the kind of life you wanted. Dont worry about people and their gossiping. it will last a few dyas and then people will find somehting more interesting to tlak and stop gossiping abou you and your husband.

Or is it hat whatever happened, happened at the spur of the moment and your husband reacted that way for a reson.Has he always been ill-treating you or has this kind of fight started happening only off-late and what the reason if it started only recently. Is there a miscommunication between you or is there something bothering him? Do you really think that if you guys sit and spit it out your relationship will be fine dil se. If yes, then I suggest you to stop thinking about the cases and start trying to work on this relationship by trying to contact him and talk to him through mediators. Involve as few outsiders as possible. Making private matters public will only infuriate the other person, also its no fun making matters public espcially when you want to live with him.

Think wisely and decide and stick to your decision.

Wanting to save your marriage and filing the cases is a bad idea. be it the Domestic violence case, 498a or the Restitution of Conjugal Rights as suggested by the advocate above, file a case only if you have decided that your marriage is over. you husband is never going to agre to live with you with any kind of case pending on him. But do you trust him enough to withdraw the case already filed. Think about it and then decide.

1 Like

dowry victim (housewife)     30 August 2012

I would suggest you never to file a petition for Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act . The Court can never force him to live with you if he doesnt want to. you should rather talk to him and settle the matter.

Ofcourse there are other legal advantages of filing this case lke being in good books of the court and getting heavy maintenance / compensation etc. So, file a petition for Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act saying you want to live with him only if you do not want to live with him. Sounds a bit funny though but thats how play in the court.

SOUMITRA SEN (SR MANAGER)     30 August 2012

Lot of things depend on what are the sections invoked while filing the DV petition and the ground sought and the report of the Protection officer.also it must not be forgotten that Indian Judicial Sytem works at snail's pace and she must not expect an overnight relief.There are Judgements in cases while Wife is employable and not Employable and the case scenario and citations.Lot of things depend on the Advocate how he/she prepares the petition and prsents the case and arguments.It can do or undo the case completely.speaking from my first hand experience and knowledge.blunders committed by Lawyers/petitioners' while filing the Petition can ruin the complete case.

Ranee....... (NA)     30 August 2012

no, judge can not force you to work.If you find any work in future your husband can can go for revision on changed circumstances.

Ranee....... (NA)     30 August 2012

@Ashmita, read this.

https://www.lawweb.in/2012/08/difficult-for-wife-to-change-lifestyle.html

ashmita (executive)     30 August 2012

Thanks to all of you..... my hubby dragged me out of my matrimonial home....... i have a strong evidence of that...... on the other hand in the divorce petition filed by him..he has mentioned that i left my matrimonial home on my own...... but thats false....... am willing to live with my hubby.....i have contacted him many times for reconciliation.but he has always stopped me from coming back...... my question is will the judge consider this ?? i know judge will not force my hubby to stay with me.....fine...... but will the judge say that i should work ? mere hubby ko toh bahut advantage ho jaega..... wife ko sath bhi nahi rakhna and maintenance bhi nahi dena......isn't it ?

SOUMITRA SEN (SR MANAGER)     30 August 2012

again being clarified that under no provisions of Law the Judge can force/compell you to work to eke out your livelihood.If you have evidence that she dragged you out of the matrimonial home then surely it will help your case.But remember till last day/moment the Judges will try to save a family and prevent a break up of your family and try for reconciliation and counselling.Try for reconciliation if the differences are not major and can be ironed out and once you get into litigations then there is no end to it as there are right of appeal available to both the partiesaggrieved parties to Higher Courts and it can take years if both the sides have the tenacity and resources to fight it out.Try for amicable/out of court settlements through common friends/well wishers/relatives/neighbours etc.That is the best avenue.

1 Like

ashmita (executive)     30 August 2012

@ soumitra: thanks a lot for your kind advice........

rajiv_lodha (zz)     30 August 2012

Stay clear about ur thoughts, u are planning ur strategy on the ground that WOH SASTEY MEIN NAHIN CHHOOTNA CHAHIYE.........EITHER HE SHUD BE FORCED TO ACCEPT ME OR SHUD BE FINED HEAVILY

If u really want to save ur marriage, stay away from any court cases from ur side for the time being. Open up parellel civil-platforms for reconcilliation. If gap is not wide apart, it can be filled by religious efforts. Getting some mony for u n ur child from him wont serve the purpose in the long run.

1 Like

ashmita (executive)     30 August 2012

@ rajiv: ya..you are right...... i should only focus on saving my marriage.......... thanks a lot for your advice.........


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