Insist that your wife withdraws DV case then only woukd you stay with your wife
If you are staying with your wife you have to pay maintenance only if court so directs
DV case filed by my wife
My housewife filled false dv case against me and my parents. I took seperate rented home and my wife living with me n my 2 kids happily but my wife not withdrawing the DV case bcoz she wants maintenance every month while living together but my question is why should I pay maintenance when I am already taking all responsibility of my home and kids. Pls guide living together is safe while dv case is pending in court and if living together it will be on my favour or not.
Asked 5 years ago in Family Law
Religion: Hindu
14 Answers
Hello,
Please challenge the order passed in the DV case on the ground that you two are now living together and she is not having any individual expenditure.
Regards
Answerd by Adv kavery Anand Bangalore. 1) Sir she filed DVA .. then how can she still staying with u at ur house... If u r torturing and doing violence on her then she would have gone to her parents house.. but she still at ur house.. prove that in court..
2) And she filed false allegations of DVA..on u .. then she have to prove that in the court.
3) when she is staying with u and enjoying all benefits at ur home and u r taking care of her and ur children then she can't get maintenance from u by living at ur home.
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If my wife living together at my rented home took by me is still she can go and live at my parents home which was her matrimonial home but my parents already filled the civil case of permanent injunction from there self acquired property and case was still pending at saket court . And also she wants maintenance from me when she already living with me at rented home and my income is not fixed bcoz I am self employed so minimum how much maintenance she can take from me while living together.? Pls guide
Asked 5 years ago
1) You should mentioned all current living status of you with you and file till court that you already following rules of RCR with her so court may grant her case dismiss.
Wife has no rights to stay in self acquired property of your parents
Pay her Rs 5000 a month for her maintenance
Hi, when all her expenses are being taken care of her demand of maintanace is unjustified .. You should contest the case accordingly
There is nothing wrong in living together while there is a pending case in court with respect to matrimonial dispute.
In fact this will be an advantageous situation to you to express before court that since both are living together hence the cae filed by her do not carry much importance and she may be directed to withdraw the case.
If she wants monthly maintenance then you may give it to her reasonably, there is nothing wrong in it.
The place where reside is called the matrimonial home and not the place where your parents live.
If she has filed the maintenance case, then you may agree to her demand to some extent out of court and ask her to withdraw the entire case.
Living together is the advantageous situation to you and can inform the court about this.
The court may dispose her maintenance claim accordingly.
Hindu Maintenance Act: The Act says a husband is liable to maintain his wife, and if wife files a case claiming for maintenance, the husband has to declare his income; which means if a wife hires maintenance lawyer and files a case against her husband, the husband shall be instructed by the procedure to declare his income before the court.
but in your case your wife is living with you. as per hindu maintenance act you are not liable to pay maintenance to her.
The minimum maintenance will be decided on the basis of the ITR that you file.
The same depends on the court as to how much maintenance is granted.
regards
1. Maintenance can be granted to wife even when spouses are living under the same roof and sharing the same bed.
2. Physical separation is not a condition precedent to the grant of maintenance.
3. Maintenance has to be computed by the court having regard to the liabilities of husband. Ordinarily, it is 1/3rd of his net salary after deducting his liabilities.
You can very well bring this fact before the court. As per living together is concerned, there is no difficulty but certain care should be taken that no fresh incident of violence should be complained again in police station or women cell .
At the time of your bail certain conditions are imposed on you and to take her home is prior condition for granting your bail.
Now she is residing with you and you maintain her overall than she is not entitled for any relief in monetary term as regards your income which is not fixed.
Now you file a petition for the same before the family court and pray to withdraw her maintenance paid by you.
It's crucial to pay her while maintaining her overall.
You got decree and you set free to pay more.
Living with her is in your favour while demanding for maintenance by her is taken as a cruelty ground, and you always on safe mode.
No worries just file a petition, you will win.
Hi,
If she is staying with you and you are taking the responsibilities no maintenance can be claimed and granted to her.
