Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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common man (none)     23 July 2017

Maintainance from husband towards his student wife from dv case

my daughter"s husband has filed for divorce under section 13 -1(A),(B)- hma,daughter is doing her higher studies.she has filed dv case.how much maintainance can she get via dv? 



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 13 Replies

Rishi kumar   23 July 2017

Is she doing higher studies just to file DV and get maintenance or is she really interested in studying? You can file Dv and get some maintenance till she finishes her studies, may be for two years? But after that she must have to stand up on her own legs and earn. She can't study at the estranged husbands money and sit at home. Best option is , if she is interested in studies let her study and stand on her own legs rather than distracting her in court cases. 

common man (none)     23 July 2017

lawyers also have not told about their fees before taking up the case.when they want money they just delay the process.they just take money in cash & dont give any receipt for the payment done.we are  just becoming victims of corruption.

Rishi kumar   23 July 2017

Common man, 

money something every one wants. Don't blame only the lawyers. You are filing DV on you son in law as you want money , easy money. So let the lawyers also earn some easy money. After all they are taking up the case of a sinner, not a saint.

2 Like

common man (none)     24 July 2017

mr rishi kumar, how can u label my daughter as sinner without knowing what she has gone through?her husband & his family have thrown her out of his house & has put false allegations on her that she has left him.they have harrased her , humiliated her & abused her,.never took up any of her responsibilities. my daughter has filled rcr to get back to her husband, dv for some maintainance to meet her expenses till she finishes her studies.even after all this, she still wants to reconcile with her husband.we  dont want any money but only want our daughter to be happy with her husband.

Rishi kumar   24 July 2017

Think about it , common man . I did not call your daughter a sinner. Even your own statements are contradictory." Has put allegations on her that she left him" and you also say they threw her out. After filing DV and dragging his whole family to court she wants to reconcile with him? You are not just a sinner but stupid also. In the name of ego you have already spoiled your daughter's life. Did you ever leave them alone? You must have injected poison in your young daughters mind everyday.  Damage already done. Do this. Leave your son in law and family alone. Allow your daughter to deal with this situation herself. If she still loves her husband, she will find out a way to to go back to him. Any way in your DV you would have written that you spent 60 Lacs for the wedding. So spend a lakh or two more and get your daughter educated. LEAVE HER ALONE, SHE WILL THANK YOU FOR THAT.

3 Like

Ms. Usha Hegde (CEO)     24 July 2017

Higher studies for higher maintenance claims? Which Lawyer suggested you this idea?

All men, please be aware.  As well educated woman cant ask aliimony more than 1 year time during divorce or after divorce.  She has to earn her livelihood on her own.

Women/girls are asking alimony on pretext of higher studies.

1 Like

A walk alone (-)     24 July 2017

You have spoil your daughters life by filing case. If marriage doesn't work better go MCD instead of wasting your money and time in court. By filing DV your daughter will get nothing except wasting time and money in court. Your daughter will spend more money in paying lawyer fees then maintenance. If she has no evidence of DV her case will be dismissed and she will get nothing from court.

Hemant Kothari (Service)     27 July 2017

Dear Common Man, while I understand that you and your family has gone through lots of pains caused by husband to wife. Husband and his family goes through even more pain when fake cases are filed. Everyone thinks that their matter is genuine. Also please note that once the lady goes to Police Station or Judiciary, there is no re-entry to husbands house. Poison can not be tasted now. DV is for harrassment and she has also filed for RCR. Court will obviously think that she wants to get back because husband is at lesser fault. I am sorry to say that courts are flooded with fake cases and what I say as state sponsored family terrorism because DV and 498A are highly criticised even by Courts and legal system as a whole. Women believe - self, parents, friends or women empowerment cell or through advocates that full system will support her in making false allegations and getting huge amount. Sir, all that fades away when she appears for cross examination. Coming to point, if she is graduate she is capable of earning in eyes of law. if she is pursuing higher education she may get maintenance till she acheives degree and becomes employable (not necessarily earn). Moreover think about the time and energy (money can be earned) you would waste for this exercise. Please sit accross the table, negotiate and settle it amicably. Husband has already filed for divorce, it can be converted into MCD and settled immediately. There are very few knowlegeable and competent advocates who would fight on merit and most will just apply dettol over tumor and want to settle or buy time. These are my personal views to a wise person in pain, no hard feelings. I also do not mean to dis respect advocates though this is what is being experienced all over by me. Some advocates are genuine and will take the case to logical conclusion. Chances are that your Son In Law has a better advocate. I pray for happiness of all, marriage is a bigger risk for men than what farmers are suffering. 

1 Like

(Guest)

Patch up can be the best solution as compared to litigation that devastate families in dv case, moneywise, morally, mentally and ohysically also. You may not perhaps be be able to realise now, but later on you can experience that personally, if you opt for litigation.

Solution on mutual discussion may be preferred.

 

veedu (-)     21 May 2018

Hello common man sir, 

I have seen your query and all the reply. I don't know when our Indian society has reached the heights of patriarchy and this lawyersclobindia has become 99% men's rights (aka men's patriarchial privileges/ men's right to polygamy ) forum. Your duaghter is pursuing higher studies and she has taken the right decision. You have no legal or moral obligation to maintain your daughter after marriage and its the spouse duty to maintain each other. Your daughter cannot maintain herself while she is studying and that son-in-law of yours should pay for expenses. when you have to approach the courts to get the basic matrimonial right of your daughter then your son-in-law has not fulfilled any of his responsibilties towards his wife, who is his own family member and has thrown her out of her own matrimonial home. Ask your daughter to enter her matrimonial home and demand her rights. You rent out a house near her matrimonial home so that if she is getting harassed by the so called husband and his parents/relatives you can immediately help her. Ask your daughter to be bold and pursue her higher studies by being a day scholar so that she can make that good for nothing backboneless husband of her do his duties towards her. Will the husband guy or will any of these guys leave their sister or brother and throw them out if they have no means to live and send them out of their home? But why they think they can send the wife aka daughter-in-law out of the home and this can only mean these flesh cravers never think wife as part of their family or as a family member. Why should wife alone be so emotional about her spineless stranger aka husband who is not even fit to be called a husband. Do what ever it takes to get justice to your daughter but at his cost not at your cost. You have married off your daughter by spending 60 lacs on this street walker son-in-law of yours who allowed himself to be sold to get laid. Now please relax as your daughter is not ur responsibility anymore. tat guy is the one responsible for her. please dont get demotivated by these men's polygamy rights activists and their comments. its high time your daughter should enter her matrimonial home and live there under your supervision. dont care about what others say as it her legal and moral right to stay there. ask her to enjoy her life and as can't get her youth back. be happy but careful as men now-a-days are not having any moral values as that of men your age, sir. if men your age have been so immoral as these men's polygamy rights activists then their mothers would have been in shelter homes and they wont be able to do their dancing.

veedu (-)     21 May 2018

How many of these men's polygamy rights activists' mothers were working and maintaining themselves? They were sent off with some old utensils to matrimonial homes and didnt contribute any iota to the nation or to the upbrining of a good citizen or a good famly man and have given birth and nurtured poison in these guys who are cmmenting now. what would they have done if their fathers have thrown away their mothers out of the home and not taken any of her responsibilties. it would have been good if that would have happened as these men's polygamy dowry rights activists would have been born or grown up. please sir, dont lose your heart and please prepare yourself to fight for your lovely daughter's justice.


(Guest)

Ms. Veedu,

If you don't mind, your reply is purely sentimental. Legal issues cannot be settled based on sentiments. Here the question was how much maintenance money the student wife can get in a divorce case/dv case, not for higher education. No twist from the main issue was warranted. The simple answer was about one third of the regular income of the husband.

One sided sentimental views may not help solve any problem of the query maker. Rather can complicate the issues more and more, as a layman can get a vague idea of asserting his right on false notion and to get set back even in her simple case by complicating the issues. I don't know on what basis you have stated the society as patriarchical. May perhaps be due to your having noticed your father to be more assertive on his rights than your mother. Individual examples cannot apply universally. Here on this open forum, instead of expressing your individual experience, you were supposed to express your unbiased and rational opinion with particular reference to the problem of the query maker.

So far as rights are concerned, responsibilities are equally associated with them. Neither rights alone can be claimed, not responsibilities alone can do justice to any person in this world.

Your reply that son in law should pay expenses of education of the daughter of the query maker. For your information, law recognizes maintenance of the wife in normal course, as she could rightfully have recieved for her day to living in her matrimonial home along with all other family members of the husband that too restricted only to the sources of income of husband. So, expenses for higher education, if living separate, can be expected to be met only out of the total maintenance money that she would be eligible to get as per the provisions of law. No extra amount in addition to the maintenance money can be claimed for meeting with her higher education or even routine studies, as a student. She has to meet with any such expenditure out of the lawfully granted maintenance money.

 

Simhan (manager)     23 May 2018

Dear Common man,

Do not  listen to Ms Veedu advice it is all only an illusion,    when you go to the actual court without evidence you will burn the fingers.  listen to what the other experts are saying,  in the game you will spoil your daughters life and also her studies and will give away your peace also.  this is life not a drama on stage for you.  friends and relatives  will be just spectators of  the drama going on in your family finally you and your daughter will be the victim.  Try to purchase peace.  do not revenge anybody.

Reg,

Simhan


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