Domestic violence filed feb2013

The term "taking you back" is not correct. It sounds as though he is doing you a favor by "taking you back" and hence you cannot claim any further compensation. Actually it is that both of you wish to live together again as husband and wife, forgetting the past,for mutual happiness. It would mean that all outstanding issues should be settled. In other words you have to arrive at a settlement. Once you decide to live together as husband and wife again the liabilities of one are the liabilities of the other. The compensations you are asking for should be looked at based on merits. If your husband's desire to have you back as wife is sincere and genuine he must be willing to discuss all matters with you. If you have borrowed money from someone and he is your husband how can he say that he will not help his wife if she is in debt? Instead of arguing the issues on the floor of the court you and your husband should get together preferably along with your respective lawyers, settle all issues once and for all and place them before the court.

1. When you filed a DV case did you consult your husband .

 

2. You took your own decision to move away from him even though he has stated to take you back  .

 

3. The loans that you have taken from your relatives was it with the consent of your husband ?

 

3. Now there is no other option but for you to fight the case and prove the allegations that you have put forth with evidences . If the same is proved by you than you would be awarded maintenance as per the order of the judge maybe starting from the date of filing your petition . . If the allegations are false than your case would be dismissed .By the way whats your advocate doing , isnt he able to to give you relief .??

 

Use of the word 'compensation' for maintenance is causing the confusion. It is the responsibility of the husband to meet the living expenditures of his wife and child whether they stay together or separately. It is not a compensation for any inconvenience of living separately. If now the wife and child are able to join back the husband/father whose liability would it be to meet the living expenditures of the intervening period? Sometimes even with no quarrel the husband may have to leave his family with his in-laws for a certain period of time. For instance if the husband has to go abroad and stay there in connection with official work without taking his family with him, he has to pay the wife for her expenditures back home. The 'taking back' and the maintenance cost of the prior period cannot be set off against each other.

Hi, Since you have stated you are  now ready to go back with him, it's a new life and new beginning and a good choice !!! Congratulations and all the best !!! Since you have refused for mediation ( per your choice & privilege)  the honb'le good judge had given you the option to settle before her. Please consider the following option:-

Agree to withdraw the DV case on the condition that your husband will pardon you and make a comittment before the Honb'le judge, that he has now accepted you casting the devil and ugly past  baggage behind. 2. He will undertake to re-pay all the loans incurred over the last  two years by you for your upkeep and hte child & in the good interest of your child and lastly in the interest of justice. Remember you have a child and do not quench that innocent light. Should you prefer to call do so.

I didn't understand the allegations she would have been rewarded a temporary allimony .. because in domestic violence case you are entitled for a temporary allimony during the course of the case there is an amount which you flget from your husband? If you are entitled for a temporary allimony you will get it. But if you want to go back as mutual consent forget about any compensation.

@ Author . 

1. The allegations that you have made have to be proved for any order to be passed . 

 

2. As i see from your statement it seems that you have walked away from your husband which is nothing but desertation from your end . 

 

@ others 

The author of this post has not stated wether she is a working women or not in order to claim maintenance . we are not even aware if the maintanence filed is for the child or for her . Next if she is a working women than maintenance of the child is co-extensive and both would have to bear the expenses of the child .

How can compensation be ordered there should be a reason . Tomorrow a person can easily take loans just to show to the court that she is in trouble . But what if she has a source of income ??

If the wife is claiming maintenance, there should be law requiring her to tell the court that she has no other source of income, or the court should ask her to declare that she has no other source of income or the husband should allege that she has her own source of income. In the absence of any of these one has to go on the presumption that she has no other source of income. The wife has not consented yet. She is willing for consent only after the husband pays her maintenance. If she had no source of income how could she have maintained herself. If her relatives had helped her she should return what she got from them. If the husband agrees to pay an agreed amount if not full maintenance he agrees to take her back and she agrees to join him it can be termed an agreement package. Her lawyer's contention that she can either claim maintenance for the period of separation or go back to him does not appear logical. We are not in a position to hear the husband's side. Hence we have to take it that she is telling the truth. If one suspects that she is not telling the whole truth, one can ask her pointed questions here.