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Never go on face value (Manager)     14 June 2013


Dear All,

I am facing a DV case for maintenence.

In her application (I belive it has to be an affidavit), my wife has mentioned that she is suffering from IBS - Irritable Bowel Syndrome whereas the fact is that she is suffering from Dysthemia and Hyperthyroidism past more than 18 years. I have her doctors prescripttions wherein he has mentioned the problems faced and medicines prescribed for the same.

She is not ready to join me and she said so in the court. She is asking for irrational amount that I cannot pay. She has stayed with me for just 52 days in six months. She left my home while I was away. After 11 months of staying away from me, she has filed a DV case. 

Am I liable to pay her? Her disease was not disclosed prior to  marriage, She is working in a private company earning @ 18 to 20000 / month whereas my salary is 40000 and I have two kids from earlier marriage. 

Kindly guide

Thanks in advance


 3 Replies


Relief claimed under PWDVA 2005, only if domestic violence is proved.  If no domestic violence, no relief.  As simple as that.  Moresoever, no maintenance for a working wife, you should give records of her employment to the court.

1 Like


Looking at dictionary,these are minor conditions,hence not much relief for you based on these.Though you should mention thme in your affidavit as they should have dislosed them to you before marriage.

But otherwise fight the DV case on merits

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Adv k . mahesh (advocate)     17 June 2013

take evidence of salary slip and her any assets if any

maintenance cannot be claimed but the dv hrassement going to court regularly is there

so take what all evidences you can garner and prepare a counter attack to her and about alimoney you have to settle through compromise as she is a medical patient court will give her chance to decide

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