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Akash Mandal   26 October 2021

Is fixed maintenance amount is changed or same in dv case?

My wife filed interim maintenance under 125 and on the date of appearance the both party(husband and wife) mutually agreed a final amount (not interim) of 12,000/pm for my wife and two child (3 years and 5 years).The family court given order to pay 12000/pm to my wife.

 

After few days i got information that she had filed DV against me and my family at CJM under DV act 12,23.So my query is that:

Is maintenance amount will increase or same in DV case?

Can I Take possession of my elder child(now he is 6 years old)?

 

 



 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

A Delhi court has enhanced interim maintenance from ₹8,000 to ₹15,000 to a woman in a domestic violence case. The court also dismissed an appeal by the woman’s husband against grant of the maintenance by the trial court.

1 Like

Akash Mandal   26 October 2021

Sir..

Thank you sir for your reply.

The amount fixed by family court under 125 is not interim as I understand.advocate told me that this amount is final amount that is settled by mutual agree of wife and husband.

 

Sir,..Kindly correct me if I am wrong.

 

SHIRISH PAWAR, 7738990900 (Advocate)     26 October 2021

Hello,

Your wife and you have already agreed mutually maintenance of 12000 in crpc 125 case. However if your wife again demands more maintenance in DV case then court may pass additional maintenance as per case. The amount passed in other case can be adjusted. 

For child you have to file child custody application. 

Akash Mandal   26 October 2021

Thank you sir..

As she is also done Master and doing job before marriage near to her parental home where now she is residing.

She resist children to interact from me in online too..

P. Venu (Advocate)     27 October 2021

What are the reliefs sought in the DV case?

Akash Mandal   27 October 2021

Sir,

Right now I haven't received the summons regarding DV from court(3 times appearance date postponed).

P. Venu (Advocate)     28 October 2021

If you hhave not received the summons, how you are in the know that Section 12 & 23 have been invoked?

Akash Mandal   28 October 2021

For ecourt website

P. Venu (Advocate)     28 October 2021

Wait for the summons and the copy of the Petition. And ascertain the reliefs she has sought.

1 Like

Akash Mandal   28 October 2021

Ji sir..I will wait


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