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Rahul   13 November 2021

Domestic violence relief is given mandatory?

NOTE: Reposting my query, as most Learned Lawyers told me to write concise points:-

Is Domestic Violence RELIEF is given mandatory? As in, even if Wife is earning and doing 10 times better financially than husband, still she is awarded maintenance, as a Domestic Violence RELIEF?

CONCISE POINTS:

- Hindu Marriage - Wife left husband because he had an accident and she didnt want to take care of a handicap person. - 1 child born out of wedlock, which she didnt allow husband or husbands side to visit the child.

DOMESTIC VIOLENCE written statement - wife has come up with all the fabricated stories in DV, and I am sure it would be eventually discarded !!

HUSBAND: Handicap, Unemployed, Takes tuitions, Earns Rs. 5000/month, No house, Living in his mothers house. Husbands mother pays Interim Maintenance of Rs. 7500/month, out of her limited pension. In CrPC-125, her maintenance appeal was not entertained.

WIFE: Works in IT, earns Rs. 1.25 lacks/month, has a Luxury Flat in South Mumbai worth 5.75 Crores.

QUESTIONS:-

(A) Is relief under Domestic Violence is given to wife always? Or there has to be a huge income gap?

(B) Wife earns 15 to 20 times more than husband, but still she is asking monitory relief through DV. Can she get it, especially when she cant prove anything in DV?

(C) Husband got a plot from his mother, but he again transferred it back to is mother, by gift deed. Can she claim that as husbands assets, for DV relief?

(D) She never lived with her mother-in-law (MIL), but she has put case on her MIL as well, so is it that court will make 75 year old MIL to travel far away to wifes city?

(E) Wife is combining, husbands mothers property, brothers property, sisters property, neighbours property, as well as family friends property, as a COMBINED PROPERTY, and telling court that this is husbands ancestral property, and based on that court should reward her monitory relief. Can she do that?

NOTE: Divorce was filed by husband, in husbands city, but wife got it transferred it to her city by getting a HC order.

Thanks to all in advance.

 

 

 

 

 

 


 



Learning

 3 Replies

Deepak Chandoliya   16 November 2021

if she has given false documents or information and you have reliable evidence for that then you should file a case against her under section 340..

You can also file a case u/s 125 for maintenance as you are incapable physically to maintain yourself sufficiently in comparison to her living standards.

DV only provides civil remedies which basically includes maintenance. Her chances are not bright. rather you can file for reliefs as suggested.

Hope this helps!!

Rahul   16 November 2021

Dear Deepak Chandoliya Sir,

Thank you so much for your response. I do appreciate it. I will talk to my Lawyer about Section 340.

IRONY: My understanding is that just because I filed for a divorce (even if she deserted me, as she didnt wanted to take care of a handicap husband), I am not entitled for a maintenance. I may be wrong, but I read that a person who files for a divorce is not entitled for maintenance.

BIGGER IRONY: In India, maintenance is mostly ONE WAY, as non-working women claim it, but usually even jusges expect handicap/non-working husbands to waive their rights, in majority of the cases.

EXAMPLE: Just because jusdes are anyways lenient towards wifes, my wife still could influence the HC judge to transfer the petition to her city of residence.

PROBLEM : I know I will get the maintenance, if I hire an ambulance and go to the court on weelchair, but not only it would be expensive, but also my self-respect wouldnt allow me to even take 1 rupee from the DEVIL. (Even if awarded maintenance, I may just pass it on to an orphanage or old-age home) ............ FYI, I am not trying to be a SAINT, but I really hate such a cruel person !!!

 

But thank you Dear Deepak Chandoliya Sir. I do appreciate your time , efforts and a good heart towards helping poor souls like myself. Be greatly blessed.

 



 

Prabir Bhaduri (Others)     17 March 2022

Regarding your point (E), I think this is a tactics by the wife's party to combine individual share of family members property into a single ancestral property, to increase her claim of share in the property.
Point (C) Wife cannot make a claim in the property of Mother of husband.

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