|Originally posted by : R. K. Gupta
||Sir thanks for your truthful and realistic insight into the overall system. Your suggestion is regaridng Perjury is also accepted with thanks.
My question is regarding Domestic Violence Act - Interim Maintenance.
The interim maintenance under this Act is more tricky because maintenance and scope of maintenance is not defined. What is the difference of scope of maintenance under DV act because it says that maintenance is in addition to maintenance granted under other laws. Whether the concept of "unable to maintain" apply in DV Act also? Any ruling of SC or HC is available on this issue?
When you say that maintenance under DV Act is only for food and shelter... I am kind of happily surprised. But Courts do not take this view. This view of food and shelter is from any judgement?
First question you need to ask is WOULD YOU HAVE PAID BACK? That will given answer to many other questoins arising.
Maintnenance is given only that wife can maintain herself with minimal needs like food clothing shelter when husband files divorce case or even if wife files divorce case or any other case. There is no need of judgement for this. These are mentioned in varoius law books. You can google them.
Maintenance is not given so that it will be spent on movie tickets. Its for minimum needs that husband should provide his wife during subsistence of marriage. Once divorce is granted again wife has to ask alimony if she is incapable of earning money.
In your case, how you let magistrate order interim? That you ask yourself or your advocate. Even if magistrate ordered interim, why did you pay? Do you have any answer for that?
You are lucky that magistrate dismissed her DV case. You are expecting too much.
You want judgements? You ask your advocate. Or search yourself. I replied due to academic interest and nothing more than that.
My opinion is you cant get back what you paid to your wife. You try to get rid of wife by mutual divorce. No use fighting matrimonial dispute in Indian COurts. Nobody wins, all lose eventually, many pay with their lives. BEWARE. Find life else where soon. Dont run behind courts, Indian Courts can never give justice in matrimonial disputes.