Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Nirav sharma   24 April 2022

queries regarding my case

sir I have a query
Iam living since six years separately from my wife . she has done many cases on me domestic violence , 498 a, 125 maintenance which is over , section 9 . now my question is that since six years Iam living separately from her ,what are the chance of case going in her favour i.e section 9.
means can she come back to my house?
secondly in maintenance court has ordered me to pay her seven thousand monthly which Iam paying her regularly. She has taken five Lac rupees from my account by my cheques, which she has accepted in the court in domestic violence case .Now domestic violence case is going on in the court . she has taken my last twelve month salary slips from my office.
now my question is that what are the possibilities decisions that
can court increase maintenance in domestic violence or can court order me to pay her house rent apart from maintenance which Iam giving her ?
my lawyer is saying that she has agreed in court that she is living with her mother in her mother's house and she has taken my five Lac rupees which she has accepted in the court.
will I have to pay house rent separately per month .
now since six years Iam living alone I have no relation with her , can I file divorce case ?


 5 Replies

Parasar   24 April 2022

where does she want to join you. in jail is it.

anubhav Bhatt   24 April 2022

Dear Client better if you contact us then I'll elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 📱 9198889990

Shweta   25 April 2022

Dear Querist,

  • Section 9 provides for aggrieved parties to return back to their marital homes. But in your case, your wife has filed domestic violence against you. She has no reason to come back to the marital home and even if she files an application under Section 9 you can always claim that you have no intention to cohabit with your wife as she’s the one who has filed the domestic violence allegations against you.

  • Here since your domestic violence case is still on-going the maintenance paid by you right now is ‘interim maintenance’. The 5 lacs paid by you can be considered as the damages paid for the domestic violence. Interim maintenance is basically an amount paid by you so the aggrieved party does not have to suffer until the court pronounces a final decision. A final verdict would come with a final maintenance, in that instance you would have to pay maintenance in the form of alimony (lumpsum amount) or through maintenance (monthly payment). The court may ask you to pay a specified some of amount after referring to your sources (salary slips).

  • Yes, a divorce case can be filed when there is an on-going domestic violence case. Divorce case has no relation with the domestic violence case and thereby can be filed and decided simultaneously.


Thank You.

Nirav sharma   25 April 2022

Thank you very much madam . it will surely help me .

Tousif Shaikh   19 May 2022

Unless you want Conjugal Restitution, you can file for divorce as you or her have no intention to live together.

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