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SUNIL KUMAR (apprentice)     08 March 2015

Wife's threat to file dv and maintenance

I got married in 2012 in a very simple way. 7-8 persons went for marriage from our side since it was a second marrige. after the marriage my wife started behaving in a silly and strange ways. she would throw things, and one day she left the house without information. i contacted her and brought her back and informed her parents.they took her with them and returned with so many complaints like not giving her enough food, not taking care of her etc. finally a family meeting was held in which her father gave in written that her daughter wont go like this in future.

after some time, she got pregnant and proper check ups were done. she gave birth to a girl child in aug 2013 and she was given complete bed rest for more than a month and even after that she was not asked to do any household work. she would only cook her meals and do the work she liked. after some days she started shouting and making tantrums in the house on pretext of one or another reason. i many times asked her to stop this but she did not listen. one day she started shouting and i in fury broke house hold things and next morning she with the help of her father went to nearby police station where she and her father told that she did not get enough food and during pregnancy she was not given food and medical help etc. and took her to his parents home.

i after a month called her up and asked her to come home. she agreed but another day she refused and complained she would live separate and  i agreed . but still she did not come. after passing some more days i again called her and the same thing happened she agreed and later refused.  it has been around eight months. her father came to my office and demanded my pay certificate. with the intervention of my staff and boss a meeting was held at my home in which her father demanded her daughter would live separate which was agreed. but next day he refused. we went to them twice even asked them that the parents will not live with me but they demanded to give in writing that what their daughter went through these years. they even threatened us to file cases against me as i am a govt. employee.and asked to give her half of my pay.

now my question is i am earning around 45k per month. my parents are old and they do not earn any thing and are dependent on me. my sister is dependent on me. now there are 5 persons dependent on me including my wife and daughter. how much share of my pay can be taken for her by the court? what should i do if they file dv against me? what are my defence? no police complaint has been against me during the last three years. kindly help me



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 2 Replies

Swastik Nath (Freelance Lawyer)     08 March 2015

If a DV compliant is lodged , a protection officer , mostly female will pass restraining order and will ask you both to reconcile. even after that if you are at fault and your wife complaints again action will be taken against you.

first make up your mind. Do you want to live with her or not.

with all these issues i dont think she will come to terms and settle happily with you how much ever you please her.

as long as there is no dowry involved you dont have to worry about any arrests or any thing to do with your family.

If things dont work out then you can opt for divorce by mutual consent.You will only have to pay a share of your salary until she is remarried.

first of all you make up your mind. do you want to continue your matrimonial life.

sandykrish (Interested in Family LAW)     08 March 2015

Don't worry let them navigate solution for this. If applied then face the case on merits unless you want to settle this matter amicably.

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