• Domestic Violence 12(1) and Maintenance

Hi Sir,
Request you to please help me, below is my case study.

I belong to a very middle class family. I got married in year 2000. And due to my wife's misbehavior and bad conduct I had to take this decision. She left us with her father in 2007 without my intent and permission. While I, my parents and my Uncle rather my neighbors also asked her to not to go. But she denied and went without taking and thinking about my son while he was only 6 years old. 

Since 2007 she is living with her parents. And I am taking care of my son. During this time once her father asked me to take her back. But I said once I want to discuss this issue with some of their and some of my relatives, then only we will allow her to come back. Below are the points that cause distance between us:

-She was very unhygienic and used the excrement during intercourse. Not sure whether she was having some disease or was not having the control on nature's call or she used to do it intentionally. And this happened multiple times. And after this we never had sexual relation after 2-3 years of my marriage.
-She used to throw the garbage clothes of her menstrual cycle within the house, where we used to have food, where we used to do worship as temple is also in the same room. We have a small house of two rooms only.
-Whenever I asked her to be clean as she used to stink, her revert was to go with someone who smells well.
-She always forced me to leave my parents rather there was no one to look after for them, as I do not have any siblings.
-She never looked after for my son. He was comfortable with his grand parents and me only.
-At the time of my marriage I was only 10th pass, as my parents were not capable enough to continue my studies further. But after my marriage I did my BSc and MCA while working and looking after for my family as well. But she never tried to enhance and study more even she was 11th fail, rather sleeping and watching TV only were her hobbies. 
-She used to cook separate, while my mother was responsible to cook for me and my son.
-She used to live without having sindoor and mangalsutra. When one of my relative asked why she don't use all this. She said, "Widows live like this only".
-She never used to fast Karwa Chauth so that she can irritate my mother and me.
-When once I asked that we already have a son and now we should adopt a girl child just for a noble cause. And her revert was that I must be having some illegitimate and trying to get her in house.

My son is 16 years old now and living with me. I don't want to marry again, but to take care and look after for my son. During this period she never tried to think about my son. Last year in December 2015, my father got expired. And then she came after so many years with her father and asked that either she will live with me or else they will see me in the court.

Then I filed a case against her to get the divorce from Delhi. But when I filed the case they also filed the case of Protection against Domestic Violence [Section 12(1)] and Maintenance against me and my mother from their place i.e. from Meerut. Earlier I was not having a good job or good earning. While now I am earning around 60K, so now they started harassing me.

Now what should I do.
-What is the maximum maintenance they can ask for.
-My next date is 10th Feb. As of now I got the notice of DV and Maintenance only, there is nothing like any allegations provided to me as of now. Is there any chance that I reach court and they arrest me immediately based on the allegations. 
-Can I go abroad as my company initiating the Visa for me during case or I should deny it for the time being.

Please help
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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9 Answers

1)wife can be awarded around Rs 15000 as maintenance

2)in DV case there is no arrest . file detailed reply denying her allegations

3) you are at lierty to go abroad

4) your lawyer can appear on your behalf

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

)wife can be awarded around Rs 15000 as maintenance

2)in DV case there is no arrest . file detailed reply denying her allegations

3) you are at lierty to go abroad

4) your lawyer can appear on your behalf

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

FIRSTLY please feel free to contact us for a free consulting on subject as we will be able to help you for your merrut case.

Secondly - YOU do not have to pay any maintenance also the DV case filed by them is 100% baseless considering the fact that your wife was not living with your from last 10 years . You will not be arrested as this is a DV case

DO not talk much about your Visa - Yes you can go abroad - Please search and feel free to call us for free consulting on your subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Since wife is not working court would award her maintenance

2) you can file defamation case against your wife if she has levied false allegations against you

3) you would be granted divorce if you are bale to prove allegations made in divorce petition of cruelty

4) you can make one time payment by way of alimony or monthly maintenance

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Your wish to be with your wife is no ground to minimise maintenance which varies from 1/3-1/5 if your income.

2. The pendency of the case is no hindrance in your foreign travel.

3. If you prove ground of cruelty done to you then only you will have divorce.

4. If your wife remains unmarried you will have to provide maintenance all her life.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Your wife has no share in ancestral or self acquired property

2) wife can only claim right to stay in her matrimonial home

3) you are at liberty to renounce your interest in the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Now what should I do.

-What is the maximum maintenance they can ask for.

-My next date is 10th Feb. As of now I got the notice of DV and Maintenance only, there is nothing like any allegations provided to me as of now. Is there any chance that I reach court and they arrest me immediately based on the allegations.

-Can I go abroad as my company initiating the Visa for me during case or I should deny it for the time being.

There is no arrest in DV case.

You can travel abroad if there is no restriction by court to undertake foreign travel.

You can deny maintenance for the reason that she voluntarily deserted you and the child and had been staying away from you without any valid reason.

The quantum of maintenance shall be a decision of court.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

You can prove the DV case as false but remember that you cannot file defamation case for this.

For divorce case let she claim alimony, without which you do not voluntarily suggest one time settlement or anything

You have to challenge her case on the basis of merits in your side.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

She cannot claim any share in the property during your life time.

Settling one time settlement is yor choice and you can even deny that.

The question about renunciation will depend on the situation prevailing at that time.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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