• Domestic violence case settlement

Hi,
My brother was married in 2010 and in 3 months his wife left the house in a big fight and to take revenge she put dowry case and domestic violence case.She is in her parents house with a kid for past 3.5 years.

Yesterday we got the judgment for the domestic violence case where my brother was asked to pay Rs 10000 for his wife and Rs7000 for the child and 20 lakhs settlement. This is very unfair since my brother earns just Rs 50000 gross monthly and has no property and just personal loans.

can we appeal against this ? His wife is MBA and well off and doing this to get revenge.
Asked 3 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
have you rreceived an exparate judgement
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
wife should not have got any maintenance since she is MBA and working . go in appeal against order to sessions court
Ajay Sethi
Advocate, Mumbai
27378 Answers
1488 Consultations
5.0 on 5.0
Hi,
 It seems your brother was not defended properly in the trial court. Now go ahead with an appeal in the sessions  court and defend the same on grounds that she is educated  with an MBA degree and if any other sources of income, property in her name.   There is a lot of chance to get the amount getting reduced, if you can prove that she has means to maintain her. If at present she is not working court will order an amount but consider her qualification and will surely reduce the same.
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
You may certainly challenge this judgment by way of filing an appeal. Since wife is MBA she is not entitled to get any penny.
Ashish Davessar
Advocate, Jaipur
19613 Answers
507 Consultations
5.0 on 5.0
Dont think this is the end.  Challenge the judgment in a higher court through appeal and a relief can be surely expected.
Shashidhar S. Sastry
Advocate, Bangalore
1307 Answers
71 Consultations
5.0 on 5.0

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