• Divorce / DV - How does maintenance to wife work

I had filed for a Divorce in Family court Bandra in February 2013. After filling the report my wife filled a DV case in Girgaon Court in December 2013 seeking maintenance, accommodation and other things. 

After fighting for 2 years judge has passed a monthly maintenance of 9000 per month. I am earning 51000 per month. My  late father was fighting cancer before he passed away. I have been staying on rental basis since December 2012 so my family could not be dragged in 498A dowry and harassment case. We have filled for Divorce on mental cruelty grounds.

Now all is done and maintenance is passed. So my questions is 
1. I need to pay her one time maintenance of 9000 for over two years and after that monthly maintenance of 9000. How should I contest the maintenance order passed to reduce monthly maintenance since I am maintaining myself, my mother and two case. 

Are there any chance of going to High court or any other court as no act of violence has been proven till date. She has bluntly argued only maintenance for the past two years

2. She doesnt want to come and stay with me and we haven't stayed together since Jan 2013, so how should I forward trying to fight / settle the case.

She has refused to come and stay with me after being asked on multiple occasions.

Are there any other ways to fight false DV allegations and quash the entire applications
Asked 9 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) maintenance amount of Rs 9000 per month is reasonable considering your income of Rs 51000 per month 

2) going to HC to reduce maintenance would be waste of money 

3) yiu can contest DV case on merits . Wife had to prove allegations made in complaint 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. The order of maintenance can be challenged by you if your wife is earning on her own or abandoned her matrimonial home without any justifiable reason, albeit at this stage the scope of interference by the HC is very limited. This being said, the court can reduce the quantum or quash it altogether.

2. You are free to continue your divorce case on merits in the the court if she does not come on board for mutual divorce.

3. The DV case can be challenged in the HC which can quash it if you can prove that it is based on a figment of imagination and not evidence indicative of guilt.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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you should the revision petition against order of the court. You can pay one tim.e settlement for maintenance if opposite party is agree otherwise court will decide it on monthly basis. DV application can be settle or mutual consideration, you should try to settle it amicably. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Hi, you can challenge the order of the trial court in High Court by way of Writ petition.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1. The maintenance allowed by the Court is very reasonable in comparison to your income of Rs.51 K. Generally the Court orders for 1/3rd of the net monthly income for which she would have been allowed Rs.17 K. It will not be prudent on your part to challenge the said order for moderate maintenance amount,

2. She is entitled to claim maintenance even if she refuses to stay with you. Before filing a case or appeal, make sure you have adequate merit in it and fair chance of winning it. If you do not find much merit in your appeal, there is no point in filing it.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. I need to pay her one time maintenance of 9000 for over two years and after that monthly maintenance of 9000. How should I contest the maintenance order passed to reduce monthly maintenance since I am maintaining myself, my mother and two case. 

You have to file an appeal on this maintenance judgment passed against you before the distric court if this was awarded by a magistrate court.








Are there any chance of going to High court or any other court as no act of violence has been proven till date. She has bluntly argued only maintenance for the past two years
You may prefer an appeal against the judgment.






. She doesnt want to come and stay with me and we haven't stayed together since Jan 2013, so how should I forward trying to fight / settle the case.
She has refused to come and stay with me after being asked on multiple occasions.
Are there any other ways to fight false DV allegations and quash the entire applications



Her refusal to return to matrimonial home shall constitute grounds for repudiation of her maintenance claim.this can be treated as desertion also.  If the woman has voluntarily abandoned the matrimonial home, then she will not be eligible for maintenance.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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