Nirav sharma 24 April 2022
anubhav Bhatt 24 April 2022
Shweta 25 April 2022
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.
Tousif Shaikh 19 May 2022