Hi, My wife filed a case against me in dv act. Prior to this she also register a complain in the women cell. i already attend 1 counseling there. Where she demanded all the amount of stridhan and jwellry to me. she also filled a case against me & my family under dv act. I am having audio proof where i said to her i don't want to take a single peny from you parents. She also make false allegation that me & my family tried to kill her at 22 jan. while on 23rd jan she was with him. we both did shopping & buy jwellry . i had the bill of that & 1 witness also. So i want to ask: 1. we have to go jail? 2. how much i have to give for maintenance.
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In DV case you won't have to go to jail merely because wife has filed case against you
2) your personal appearance on each date is not necessary. You can be represented by your lawyer
3) if wife is not workin court may award her around one third of your income after taxes as maintenance
Thanks for giving suggestion, But i am some query also:- 1. I only worked 2 months out of last 6 months due to mentally distrubance. From last month i was not working at all then how much i have to pay? 2. My wife was working before marriage for 5 years so any impact upon maintenance? 3. My father also not having relation with me. He already give notice in newspaper of separation from property & other liability. So my parents can get relief in this case ? 4. We already gave the application before 6 months to D.C that she already abort 2 times. Can we get the benefit of that application? 5. Her maternal uncle is criminal. A lot of case upon him. He regulary abuse us & threaten us. Regarding this my brother already complain to police station. It will help or not?
1) if you are not working still you are bound to pay maintenance
2) the fact that wife has worked in past would be considered by court while awarding maintenance
3) if your parents are not staying with you no DV case is maintainable against them
4) complaint made against maternal uncle will help you in your case
So i want to ask:
1. we have to go jail?
2. how much i have to give for maintenance.
The DV case is not so severe that you may have to go to jail.
If she is lodging police complaint under section 498a then you may obtain AB to avoid being arrested.
As far as maintenance is concerned, there is no yardstick to measure the quantum of maintenance that may be granted.
It depends on the documentary evidences that she may produce to establish your income and accordingly the court will hear both the sides before passing an order for maintenance.
1. The proofs she produced before court to prove your income should convince the court for granting maintenance.
2. If she is Qualified but sitting idle at home for seeking maintenance, this may brought to the knowledge of court which may decide accordingly.
3. The notice abandoning your relationship by your parents will not have any impact to this case neither your parents would get any relief on this count.
4. You have to rely upon the merits from various incidences to defend your interests in the case.
5. If that is against you then you can utilise that in the defence.
1. If and when a FIR gets registered against you then apply for anticipatory bail to preempt your arrest and detention.
2. The claim of maintenance can be contested by you on the ground that she left the matrimonial home without any sufficient cause.
1. Ordinarily, maintenance is 1/3rd of net salary of the husband. All the liabilities are to be deducted.
2. That she was working prior to marriage does not curtail her right to claim maintenance.
3. The right to claim maintenance subsists only against the husband, not in-laws.
4. The criminal record of her maternal uncle does not help you.