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Sourav Goswami   28 November 2020

Interim maintenance in domestic violence case

Dear Sir,

I am a married person since last 10 years. I have a child of 5 years. From last 2 years I realize that my wife has an extra marital relationship. After several warning that man used to come to my house when I was in office. Last year I send my wife to her parental house and told that I did not want to keep relationship with her though I will bear all the financial responsibility of the child. Now they have filed a domestic violence case against me and in the first hearing they applied for interim maintenance. 

I earn Rs. 50 K per month, my father is a patient and his medical expense is rs 10k per month. I also live in a rented house. They have applied for rs. 30k per month. Please suggest is there any calculation for deriving maintenance amount and approximately how much I have to pay in maintenance.



Sourav Goswami 




 5 Replies

Hemant Agarwal ( Mumbai : 9820174108)     28 November 2020

1. "IF" you prove that "wife has an extra marital relationship", THEN wife is not entitled to any type of maintenance, alimony or whatever BUT you are entitled to Divorce Decree on grounds of Wife's Adultery.

2. You are also advised to immediately file Police FIR on boy-friend of Wife and Wife, for Cheating, Fraud, Mischief, Nuisance, Breach of Trust, Intimidation, Threatening, etc....  and carry on forward from there, in your own futuristic interests.  Once you do this progressively, Wife & boyfriend will come down to their knees.

Keep Smiling .... Hemant Agarwal

Dr J C Vashista (Advocate)     29 November 2020

You have the option to contest the complaint case.

Contact, consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

SUNIL KUMAR (apprentice)     29 November 2020

Generally Court awards one third of your income. You can engage a prudent lawyer so that your case be presented accordingly. If you manage to submit proof of your wife earning then too you will have to pay towards maintenance of your child.

If you manage to settle for mutual consent of divorce , go for it.

Best of Luck

P. Venu (Advocate)     29 November 2020

What is the nature of domestic violence alleged?

Sourav Goswami   30 November 2020

Dear Sir,

In the petition she had written that I usually come home drunk and beat her. Moreover my parents who live in a separate city also misbehaved with her on different occasions whenever she went there. Now since one year as I kept her in her parental house I am neglecting her and the child. She filed the case on me along with my parents.


Sourav Goswami   


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