• 498A, DV, maintenance

Sir in our 15 year old marriage with 14 year old daughter ,my wife filled complaint against me in 2016 in caw regarding 498 dv and moreover she blamed me for forcing her to take loans 
 But in mediation cell in Delhi for sake of my family I paid her loan which I never took and till date repaying her car loan which is in her name
 Now in 2018 January she went again back to her mother house really no reason are known to me,only thing that happen that my daughter told everyone in family that my wife is in touch with some tantrik and he had told to do second marriage after killing me.so she started adding some unwanted things in my food which I started avoiding eating food .as she saw her all I’ll doings are out she left my house in jan 2018 now planning to put 498 a,dv and maintiance against me,my question 
I as she is a government servant earning 70000 rupees salary will she be entitled for maintiance
2. In 498a case will statement of my daughter who is 14 years old be valid legally 
3. And in dv case having will my daughter become a legal witness 
4 can I legally ask for maintiance for my daughter
Asked 1 year ago in Criminal Law from Delhi, Delhi
Religion: Sikh

She will not be entitled to maintenance.

You daughter can ask for maintenance from her mother.

Yes ! You daughter can depose before the court of law.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

hello,

as you and not your wife has a genuine grievance, you should file a divorce case before she kills you. moreover, she is not entitled to maintenance as she is earning way too much to get anything.

the testimony of the daughter can be considered by the court if the court thinks that she is mature enough. yes you can ask the court to share your daughter's expenses.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

Your daughter is 14 years old. Custody will be decided on merits and wish of the child.

Your wife's case seems to be too weak.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Concerned,

Answers to your queries below

a. NO if she is earning that salary she can not claim maintenance for her but yes for Daughter she can - but if your daughter is with you she can not claim maintenance for her as well.

b. Yes in any complaint case statements of your daughter will be valid, however please not now no 498A is registered by the virtue of Supreme court judgement in July 2017, hence need not to be afraid of anything and anyone.

c. Yes your daughter can make statements favoring you, and you need not to worry , such false cases do not stand at the time of evidence.

d. IF YOU are unemployed YES you can ask for maintenance. ADDITIONALLY - stop paying her car loan - even if you have agreed in mediation need not to worry...... Stop paying her.

Best of luck

Atulay Nehra
Advocate, Noida
1204 Answers
47 Consultations

4.7 on 5.0

hello

the wish of your child is considered by the court.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

Hi, it is advisable to register a FIR against her .. You daughter statement is admissible for registering of FIR ... As she is earning she is not entitled for maintanace ..

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

1) wife would not get any maintenance in DV case as she is earning 70k per month

2) your daughter statement would have validity

3) your daughter can give evidence in DV case

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Welfare of child is paramount consideration

2) court would consider wishes of your daughter while awarding custody

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

yes. u can claim maintenance to ur daughter, and ur daughter is valid witness

Konda Srinivas
Advocate, Hyderabad
208 Answers
1 Consultation

Not rated

1. Since her salary is more than enough she is not entitled to maintenance at all.

2. Yes

3.Yes

4. Yes, you can ask for contribution of your wife towards part maintenance of your child .

However I would suggest you not to bring your daughter to court and record her statements. This may psychologically affect her to cause damage to her personality.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

The wish of child is compulsorily taken by the court before giving the custody and the children of over 5 years are naturally in the guardianship of the father.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1. A govt servant earning 70k a month is prima facie not entitled to claim maintenance from her husband but the onus will be on you to prove her salary.

2. The statement of a 14 year old girl has to be given due weightage.

3. Your daughter can testify as a witness in any case. The only satisfaction that the court has to record is that she has not been tutored.

4. You are free to seek maintenance for your daughter as maintaining a child is the joint responsibility of both parents.

5. The wish of a 14 year old is to be taken into account while deciding the question of her custody.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1. She's not entitled for maintenance.

2. Yes, she can be examined as a witness.

3. Yes, here too.

4. in case you don't have sufficient means to sustain your daughter, your daughter may file a 125crpc against her mother.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

No your wife will not be able to get maintenence if she is earning that much.. however she may claim alimony from you... Under 498a had to read the allegations upon that we can advice you .... Yes your daughter will be become legal witness in your matter..... If your wife is earning more than you than uh may ask for maintenence ....

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

1. She may not be entitled for maintenance.

2. Depends, court can record.

3. Yes.

4. You have to pay for the maintenance of your daughter if she is not residing with you. If she is residing with you then you can file a maintenance case against the mother for seeking maintenance.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Sir,

The matter is of evidence and trial. It seems that you have a strong case though. The Courts have started taking strict scrutiny to DV cases in view of a lot of fake cases being filed. I see that you can file case of 120-A, Abetment, 503 etc.

Specifically, wife is not entitled to the maintenance and your daughter's statement is evidence subject to cross and you can ask for maintenance.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

1. If she is employed and earning a handsome income through salary, she may not be eligible for maintenance.

2. Yes, she can be roped in as witness from your side.

3. same as above.

4. You can.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

My daughter is really afraid of her mother and staying with me and don’t want to go to her ,in case of custody wish of my child is seen or not in court

It is your wife who has to file custody case, you can challenge and also your daughter's consent will be sought by court since she is 14 years old, so you can tutor your daughter accordingly.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1.) Entitlement of maintenance is depends upon the lifestyle, expenses, economic condtions, debts, liabilities, responsibilities of both the parties.

2.) yes it is a valid statement.

3.) Yes she can become a legal witness.

4.) Yes you can also ask for maintenance for your daughter.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

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