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Suryaa.saravanan (other)     21 September 2012

Maintenance in domestic violence act

My Dears

my wife asking monetary relief under section 20 DVA, for food Rs. 8000/-, house hold expenses Rs. 5000/- and compensation under section 22 of Rs. 500000/- of Domestic Voilence Act.

i am unemployed i am searching a job, my qualification is 10th standard only. my wife qualification is 8th standard she is working as a domestic helper, she earning per month Rs. 10,000, she is stayed with me only for 2 months after marriage, marriage date is 12.04.2010, she left my home 29.06.2010, she is still with her parents.. we dont have children. she is eligble for maintenance

The case is still pending the next date of heairng is november.



Learning

 6 Replies

stanley (Freedom)     21 September 2012

As she is earning Rs 10,000 she may not be eligible for maintanence as she is capable and able bodied .As you say she is a maid she may state in court that she is getting only Rs 3000 per month as maids do not have salary slips :). But you have not speciefied what you were earning in the past . Although you say you are 10 th std qualifed and in case the opp counsel argues that you have special skills and are capable of earning XXXXX amount or you get a job paying the amount mentioned . Than based on your arguments it would depend . 

Under section 22 compensation would depend on what basis loss has been caused and she would have to prove it .

Suryaa.saravanan (other)     21 September 2012

Thanks Dear

Suryaa.saravanan (other)     21 September 2012

how can i she is working right now, beacuse. she is dont get any kind of salry slip, how to prove 

Suryaa.saravanan (other)     21 September 2012

Originally posted by : Suryaa.saravanan

how can i prove she is working right now, beacuse  she is dont get any kind of salry slip, how to i prove 

Suryaa.saravanan (other)     24 September 2012

Dear Stanley.. 

 

how i prove to my wife is working as a domestic helper . she is not getting salary slip. how can i prove in the court.

stanley (Freedom)     24 September 2012

Approach the place where you say she is working as domestic help and use your skill to get the words out of their mouth and record it . Or Hire a detective and he will do the needfull for you. 


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