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(Guest)

Maintenance for working wife

Hi and hallo for every one on LCI

              I read lots of articale on LCI and google about interim maintenance for working wife. They turn towards that if  wife working and educated then at that time she will not be entitled for interim maintenance in domestic violence and if any judge or  court pass order for some XXXX Rs. maintenance then go for session court or high court  aginst this maintenance order with evidence that ....it show she is working and educated with good payment.

So my question is if wife is driven out and harass by in law with badly mannered within 2, 3, month of marriage and also husband are not happy with her (viz he show ) at that time she has right for maintenance and also she have all evidence and records that show this people ( in law ) are greedy people. 

 

If she produce some prim face evidence court will accept this and pass order for maintenance.

 

1) what are the qualification for interim maintenance ??

2) Only say if wife is working she did not require maintenance ...! is enough for rejection of maintenance

ther is no value for any ill treatment, harassment wich she paid.

 

Pls give me some valuable information about it and DV.

 

Thnks Priya



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 June 2013

A wife is entitled to maintainance if she is unable to maintain herself with her own income and not for the only reason that she was subjected to domestic violence. 

A woman who is able to maintain herself properly from her own income won't be granted maintainance even though she is suffering from domestic violence. However, she can claim compensation in respect of  the dv sufferred by her.

Merely saying that the wife is working and do not need maintanance is not enuf, evidence is required.

1 Like

fighting back (exec)     09 June 2013

@priya.....from your post, you seem to be a very educated and seems to be employed lady, then why do you want maintainence. just to squeeze money out of your husband.

your entire query revolves around " what if i am educated", what if they say i am educated" ...........i would like to say, why do want to live like a parasite? dont you have any self respect for yourself? 

1 Like

(Guest)
Originally posted by : Adv Archana



A woman who is able to maintain herself properly from her own income won't be granted maintainance even though she is suffering from domestic violence.

Correct!

However, she can claim compensation in respect of  the dv sufferred by her.

Correct 

If you have want to claim anything under PWDVA 2005, then you have to prove that domestic violence has happened, and it should be proved in the court via documentary evidences.  If not proved, then no relief will be given under PWDVA aka Domestic Violence Act.


On the contrary, if you file false cases just to get maintenance from your husband then divorce will be granted easily on basis of cruetly meted out on to your husband and you may face a jail term for a good 7 years for lying under oath as DV case is quasi criminal.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     09 June 2013

@ Helping hand,

What half information  or incorrect statement did I give? 

Did I say she need not prove dv? 

A woman is absolutely entitled to claim compensation u/s. 22 of DV Act in respect of dv sufferred by her.

2 Like

(Guest)

Thanks for every on who post on my topic ................!

According to my personal opinion  in a past  year many qirls, women and many wives use DV and 498a against there husband for revenge and at that time or by this way many people, advocate and our society had angle  that .........if girl file DV and 498a ...so she is a bad girl, she dont have any matrimonial value........ but its not true. because i am suffering from pain of violence.

And i am not quarrel for maintenance. I think  maintenance is penalty for those type of peoples who at the bottam of this quarrel , whos responsible for DV action which are taken by me.

Thanks PRIYA

Adv k . mahesh (advocate)     11 June 2013

because i am suffering from pain of violence.

Its right that you are suffering from the pain from your in laws and thus this compensation will lessen your pain means this is your tablet to overcome the pain

I think  maintenance is penalty for those type of peoples who at the bottam of this quarrel

I do respect women and there capabilities but when i see the in laws standing in the court complex for there turn and trying to prove their innocence 

being a educated person you can claim compensation out of pain from the court 


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