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Mallesh (Manager)     01 August 2011

Dv act

I am unmarried, my brother's wife has filed a domestic violence case against me as my brother is dead. My brother's wife had left my brother in 1999.  In 2003 my parents somehow convinced both of them and united them in 2003 and again she left my brother.  In 2000 my father had purchased a property from his salary with the help of a bank loan and the same was leased out and it is a self acquired property of my father and my brother was dead in 2007 and my father gift the property in my name and he passed away in 2008.  She has filed a domestic violence case against me saying that I earn Rs. 25000 and a rental income of Rs.5000 and hence she requires Rs. 10000 monthly to take care of herself and her son.  The lower court has already dismissed the above petition and they are challenging the case in the higher court were the order was passed that I have to pay Rs. 5000 maintainence for her & her son.  I have challenge the same in High Court where the maintainence has been stayed and where do I stand in this case



 3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 August 2011

in so far as domestic violence case is concerned, the amount for maintenance canbe directed to pay by the husband or in case of death of husband, direction may be given to the person who is in possession and enjoyment of hte property of the husband.

in your case , the  property is gifted to you by your father , whihc is his self acquired property. hence your deceased brother have no right in the property.  so, file a detail counter adn get dismissal fo the case filed by her

hema (law officer)     01 August 2011

If she is not in a position to maintain herself, she is entitled to maintenance under Sectin 22 of Hindu Adoption and Maintenance Act, 1956.

Ravinder Kumar (Account Director)     01 August 2011

I think you need to put your facts properly to the court, you are not at all liable to pay any maintenance to her..However she can demand her peice from the ancesatral property but nothing which your father bought..


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