Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

honest   04 April 2018

Paying maintenance during dvc hearing

Hi, <br>

I am thinking of paying maintenance amount voluntarily (without court order). Is it ok , if I submit demand draft to the judge through my lawyer during the DVC hearing.

<br>

Could you please advice, if my plan would put me in any troubles afterwards. 

<br>

many thanks. 

 

 



Learning

 8 Replies

Sarika Bhure(Mahajan) (legal practioner)     04 April 2018

Hello Mr. honest

pl don't  take such step  by yourself in hurry.  if you are thinking of paying one time lumsum amount of maintenance, please talk to your lawyer first. He will guide you properly as he has complete knowledge of your case. I think you should wait for the court orders as he is in postion to decide the correct amount of maintenance as per the facts of the case. In case of court orders both the parties are bound to follow the orders. Records of the payment will make you safe in every case of future objections if taken by your wife.

Rishi kumar   04 April 2018

Honesty is fine dear Honest. But then your case has gone to court. She has filed a DV on you. So she is on the warpath. If she had a mind like you she should have spoken to you. Now, I think, you should fight it out to pay as low a maintenance as possible to her. You may be thinking that she is going to accept what ever you are wholeheartedly giving her.. By the way, what is the amount she has demanded by way of maintenance? If that is the amount you wish to pay her voluntarily, well, you don’t have to struggle to show a reduced income and an inflated expenditure. That’s all. If you are planning to give an amount which is much lesser than she has demanded, then fighting is the only option. Voluntary payment of maintenance will not score you any brownie points.

stanley (Freedom)     04 April 2018

Maintenance is for whom 1. is it for wife . or . 2. is it for child . 3. is wife working. please clarify these points first and than will intimate accordingly .

stanley (Freedom)     04 April 2018

Maintenance is for whom 1. is it for wife . or . 2. is it for child . 3. is wife working. please clarify these points first and than will intimate accordingly .

Krishna   04 April 2018

Dear Mr. Honest, when your dragged you to court, your wife is war with you. If you are really good not done anything thing wrong fight the case. If you want to give maintenance to your wife, give monthly. If you give one time huge alimony, with that money somebody will enjoy, maybe your wife future husband. Marriage is also necessary for your wife. After divorce she will marry.
If you want your wife then compromise with her and lead a normal life instead of wasting your time for years in courts.

TGK REDDI   06 April 2018

Maintenance is not granted pendente lite in all cases except the case under Sec 125 of the Criminal Procedure Code.      So, maintenance during the pendency of the DV case is, I think, out of question.

So, as many experts suggested, fighting the DVC is of importance.      If DVC is proved to be in bad faith, she mayn't get maintenance and may have to face prosecution. 

Rishi kumar   06 April 2018

Originally posted by : TGK REDDI

Maintenance is not granted pendente lite in all cases except the case under Sec 125 of the Criminal Procedure Code.      So, maintenance during the pendency of the DV case is, I think, out of question.

So, as many experts suggested, fighting the DVC is of importance.      If DVC is proved to be in bad faith, she mayn't get maintenance and may have to face prosecution. 

Mr. Reddy , 

here 

, I would like to differ with you. This is not really the case. I have attended all my hearings without fail. I have also interacted with the various victims of domestic violence. (Both men and women). I have realised that DV means money. Unless it is proved with IT returns or salary slips that wife is working,  interim maintenance is surely granted, however minimum it is. Even working wives are granted maintenance if the woman says she is penniless. 

 

1 Like

TGK REDDI   07 April 2018

You're right, sir.      I agree with you.      I'm enlightened.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query