498_final stage (Professional) 02 June 2013

What relief is given in domestic violence cases?

I would like to know what relief is given to woman by courts under domestic violence. In my case the girl has explicitly shown her research over our property where she has mentioned each and everything about our properties. In 5 months of Non Consummated marriage what is she entitled to have assuming she has won the case.

How district courts react to such application. Specially when complainant is not the girl but her mother?

This is what the case is - Girl makes 60,000 pm and has been living in Delhi NCR

Girll's mother is asking for 40 lakhs cash along with 50 thousand per month as maintainance for the girl who herself is making 60K.

Can you comment a bit from legal stand point

Thanks

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4 Replies

Advocate Deepak Gupta (Lawyer) 03 June 2013

Not maintainable . Mother-in-law never entitle for any kind of relief from Son-In-Law . Its very tough to prove that marriage is non- consumated . Wife having right to seek relief under DV Act , Sec 125 of the Cr.P.C whether marriage is consumanted or non- consumated . If her salary is 60,000/- she is not entitle for maintenance .,

stanley (Freedom) 03 June 2013

what are the other reliefs and under what sections she has asked . A woman can claim onlt right to residence under DV act and the court can pass an order for that . As regards to maintanence she will not even get a penny as she is a working women earning a income of Rs 60,000 per month .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 June 2013

Dear Querist

as per your information she can only claim residential order and compentation but compentation order will be passed after trial otherwise not.

498_final stage (Professional) 03 June 2013

Hi Experts,

Thanks for your response. The same women first filed 498a from Ghaziabad and after that DV from Kanpur. " A woman can claim onlt right to residence under DV act and the court can pass " - Please elaborate.

What kind of order court may pass when court knows that she is earning a good amount of money. Infact more than what her legal husband is earning?? Husband does not have any property on his name even the scooter. Then what kind of entitlement a woman has under DV.

Would court consider 498a in Ghaziabad in the DV kanpur proceedings?