• Maintenance in DV

Hi Team,
I was married 4 yrs back and after 9 months of marriage we both started living separately due to personal differences. Now after 3years she has filled DV case against me and my family. She has put false allegations of torturing and expenses during marriage. Also she has asked for interim maintenance immediately. I have few questions regarding my case.
1) She has asked for half of my salary as interim maintenance, in this case am i liable to give her maintenance? We dont have any child, also she is qualified for working. Before marriage she was working and even after leaving me she worked for some time, however as of now she is not working.
2)The expenses on marriage have been shown 10 times more than what was done and have asked me to pay all the expenses. How can i counter these claims besides asking for receipts.
3) We both were married in mumbai and stayed there. Even after separating she stayed in mumbai. However the DV case has been filled in her hometown, making me travel every month and to look of a new lawyer. Can i shift the case to mumbai, since we got married here.
4) Her age mentioned in petition is incorrect, for which I have documentary proof. Can file 191 perjury case on her.
5) Our address mentioned in application does not exist. It was by change that our watchman helped postman to deliver the notice to us. I suspect the non existing address was written so that we don't receive any notice and they get ex-part. How can i mention this in court and how can it help my case.
 Thank You
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Hi, it is the duty of the husband to maintain his wife but one thing you must remember wife is entitled for maintenance but she has no right to ask for half of your salary.

2. While determining the quantum of maintenance your income, social status and other things will be considered but there is no hard and fast rule for maintenance.

3. Recent Mumbain High court Judgement says that if the wife is well qualified and she simply sitting idle then she  has no right to claim maintenance.
4. As far as jurisdiction for filling a DV petition is concerned the wife can file a petition where she reside she has rightly file the DV Petition and other things are minor mistake you just simply ignored.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Let her claim whatever she wants. You are not liable for more than 1/3 - 1/5th of your income. Her high qualification is also a ground to lessen her maintenance.
2. Marriage expenses are of little consideration. So don't be perturbed much.
3. Well, case can very well be filled from her hometown. The case can be transferred to Mumbai only if you could prove that she ordinarily stays in Mumbai only.
4. No perjury case lies on this ground.
5. You can mention this fact by filling petition and ask for addition of new address.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1) wife who has worked in past is not entitled to any maintenance 

2) your wife cannot claim marriage expenses 

3) case would not be shifted to Mumbai . Wife can file DV case wherein she is currently residing 

4) merely  because wrong age is mentioned don't file any perjury case . It may be a typographical error 

5) in your reply mention that wife has deliberately mentioned false address In complaint to obtain exparte orders but to her misfortune packet was delivered to you 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. The claim of maintenance can be repelled on the ground that the wife has left the matrimonial home without any justifiable cause or she is earning on her own. If she possesses sound academic qualifications it is also a disqualification for her. 

2. The liability to maintenance can be up to 1/3rd of your salary if at all the court holds you liable.

3. She has to prove the marriage expenses which she has claimed as the courts do not accept such claims on the face value. 

4. DV case cannot be shifted to your place. The presence of your lawyer in the court will suffice, you do not have to appear personally.

5. Perjury can be filed against her if there is a misrepresentation of age.

6. The fact of incorrect address being mentioned in the case is insignificant now as you have received the notices.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) She has asked for half of my salary as interim maintenance, in this case am i liable to give her maintenance? We dont have any child, also she is qualified for working. Before marriage she was working and even after leaving me she worked for some time, however as of now she is not working.

She may claim half or even your full salary, but there is a norm set out for granting interim maintenance.  If she is qualified, employed earlier and now sitting idle at home, you can very well plead your objection to repudiate her claim on this ground.  There are various settled laws to your support in this regard. 




2)The expenses on marriage have been shown 10 times more than what was done and have asked me to pay all the expenses. How can i counter these claims besides asking for receipts.
She may claim anything but the marriage expenses are not reimbursable. She cannot claim the marriage expenses even if it is actual expense, because it is not an agreement to return the expenses if the marital ties are being snapped.  Moreover she is still your legally wedded wife. 



3) We both were married in mumbai and stayed there. Even after separating she stayed in mumbai. However the DV case has been filled in her hometown, making me travel every month and to look of a new lawyer. Can i shift the case to mumbai, since we got married here.
You can apply for a transfer of this case mentioning your hardships and her intentions to torture you. 




4) Her age mentioned in petition is incorrect, for which I have documentary proof. Can file 191 perjury case on her.
No, not maintainable for this reason. 



5) Our address mentioned in application does not exist. It was by change that our watchman helped postman to deliver the notice to us. I suspect the non existing address was written so that we don't receive any notice and they get ex-part. How can i mention this in court and how can it help my case.

You cannot take defence on this ground because that was the last known address to her. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) DV is a continuing offence . Your application for dismissal of complaint on grounds of staying separate would be rejected 

2) appear before protection officer on date mentioned . PO has to be satisfied whether any acts of DV has taken place 

3) yiu must have engaged a lawyer . He will guide on questions to be put in the interrogatories
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1) She cannot change the dates in the petition already submitted before the court.  If at all she has to make any amendments, she has to obtain permission from court to do so by filing a petition seeking the relief.

2) There is no such provisions for filing a separate case for non-maintainability, instead you can register your objections through your counter and can plead its non-maintainability in the counter to the petition.

3) The DV case filed directly before magistrate has been sent to the PO by the magistrate for inquiry and its report hence you have received summons from PO, there is nothing wrong in it, you should attend the PO  for enquiry.

4) The provisions of interrogatories are not applicable to this case.

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. No.
2. You are free to seek the dismissal on account of the delay in the filing of the case.
3. Compulsory it is to appear on summons before PO.
4. Interrogatories will not serve any purpose in DV proceedings. Do not worry about saving the time of the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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