• Can I counter any petition on my wife to avoid maintenance charge

My wife filed a legal notice for reunion against me. the notice states all the false allegations on my mother, father and me. i replied to the notice stating that the allegations made are false and asked her to attend the legal service authority for amicable settlement. but she did not attended the legal service authority for the said date. finally, judge issued a copy stating your wife is not interested for settlement. after 4 months my wife filed domestic violence case on my parents and on me.
even after making best efforts for amicable settlement from my end, my wife filed this domestic violence case.

questions: 

1. what is the severity regarding dv case?
2. can i counter any petition on my wife to avoid maintenance charges filed on me?

note that,  my wife is pregnant.
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
1) you have to fight Dv case on merits . in Dv wife can seek right to stay in matrimonial home or alternative accommodation , protection order , maintenance etc

2) you wont go to jail merely because wife has filed DV case against you and your family members . 

3)you should file your detailed reply to allegations made in DV case . 

4) if your wife is not working she would be entitled to maintenance . 

5)you should express your willingness for reconciliation .complaint would be referred for counselling wherein you should take the plea that you want your wife to stay with you  . 

6) dont file any counter cases to avoid maintenance
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
If your wife filed a case under Domestic Violence Act then you have to  defend by producing proper evidence and she can get interim maintenance under sec.20 and 23 of domestic Violence Act ..But if your wife file a case u/sec.498a IPC then you should get anticipatory bail from the court. You can also file a Divorce Suit on contest in Family or District Court, in this situation she can file an application for interim alimony.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. The PWDV case mainly deal with maintenance issues and if your wife is unemployed you would be directed to part with monthly maintenance for her.
2. If she is unemployed you can not anything to avoid her. Failure of mutual settlement through Legal Aid Authority  shall have no bearing on the merit of the case under PWDV Act.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
1)DV case is a civil in nature and has advantages and disadvantages like other civil cases.
2) You can file detailed objections contenting the allegations leveled against you by your wife in her DV case and if the allegations are proved as false,you shall be saved.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1. Your attempt to stay with her not sufficient if during trial she could establish that due to tortures and cruelty it was or would not be possible for her to live with you.
2. iN 125 case it is very difficult to avoid maintenance even if rima facie it is established that wife is not willing to stay. Only in the last week the supreme court in Anil Kachhwa case has made it clear that such consideration can not be conclusively proved in summary trial like that of case u/s 125 crpc.

In PWDV Case the law is silent about consequences from wilful refusal of the wife to sty together with the husband making your case further difficult.
So fight the case on merit and try to lessen her maintenance as little as possible.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
Hi, it is the duty of the husband to maintain his wife if she does not agree to come back even then also you are liable to pay the maintenance and if you want her to back you can file a petition for Conjugal right and if you have disagree with the order of maintenance passed by the court you can file appeal and other wise you have no relief.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) wife can seek maintenance even if she refuses to stay with you . she would be justified in refusing to stay with you if she is victim of Domestic violence 

2) after birth of child you would be bound to pay maintenance to your wife and  child . 

3) you can in your  reply deny false allegations made by wife but court will direct you to pay maintenance to your wife .
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1. In DV case your wife must have sought from the court the right to maintenance, residence, restraint from domestic violence, and compensation. The bedrock of a DV case is domestic violence meted out to the wife. So to repel her case you have to prove that she was never subjected to domestic violence. You may be sent to jail by the court only in the event that an order passed by the court is violated by you, and not otherwise.

2. You do not have to file any counter petition to rebut her maintenance case. If she has filed a case for maintenance it is imperative that you file your reply and refute her allegations. If you wish to avoid paying maintenance to her the the liability to pay maintenance is to be shown as not existing. Do not file any counter case at this juncture as it may backfire in more ways than one.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You are under no obligation to accept her claims. Deny all her allegations and then contest the case fittingly in the court to show that your wife was never subjected to domestic violence.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) you can file petition for restitution of conjugal rights  but you cannot force your wife to stay with you . DV case wont be  stayed pending decision in your RCR case . 

2) if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . if you fail to comply with maintenance orders wife can take execution  proceedings against you for attachment of your property or your arrest 

3) even if you take personal loans your maintenance wont be reduced . 

4) your parents need not attend court in DV case if they are suffering from health problems . you can file application for exemption from personal appearance for your parents . court will grant them exemption
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1. You wont be sent to jail for her filing the DV case against you,

2. The DV petetion and prayer made in it needs to be seen,

3. She may pray for direction for a seperate accomodation which the court may grant,

4. If she files maintenance petition, certainly you should file your written objection for it since you have already asked her to join you which she has refused of her own.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You can very well counter all her demands for maintenance amount siting evidence that you have already informed her that you have agreed to most of her demands for joining you to restart conjugal life,

2. Yes, this is your strong point provided she does not prove with evidence that she can not stay with you due to your cruel acts on her.

3. You should counter all her legal notices/petitions filed to claim maintenance from you otherwise it will be considered as admission.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. If you had filed the RCR case before her filing the DV case then it would have diluted the effect of the DV case on the plea that DV case has been filed as an afterthought to counter the RCR case,

2. In the DV case itself you shoud putforth the evidence that you wanted her back in your life and that she is refusing to oblige. You should then see what reason she is forwarding in her defence for not rejoining you,

3.  The correct procedure is to comply with Court's order and then go for appeal in the appellate court,

4. Taking the said steps will not give you any relief & you shall have to pay the maintenance as ordered by the Court,

5. It depends what has she mentioned in her DV petition and what are her prayers. If she has prayed for a direction upon you to take up a new rented house to stay with your wife then your parents may be affected. The DV petition is required to be seen for giving  proper advice. They do not have to attend the Court on the days of hearing. You can file a petition praying for exempting their attendance on health ground which will be granted by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
The maintenance wife can only be avoided if you could prove her employment.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
1. You may file for restitution of conjugal rights, albeit your wife cannot be coerced to resume living with you. So filing this case will an exercise in futility.

2. If you do not obey the court order for maintenance to your wife then on your wife's petition the court may order your arrest and attachment of the property for realising the amount of maintenance awarded to her. Exercise your right to appeal if you are aggrieved by the order for maintenance. The higher court can quash altogether or reduce the maintenance given to your wife by the lower court.

3. Personal loans will not reduce your liability to pay maintenance.

4. She has no right to either claim maintenance or residence in the property of her parents-in-law. To provide maintenance to wife is the personal liability of the husband which cannot be enforced against any other family member.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) what are your wife educational qualifications ? 

2) has she ever worked in past ? 

you can avoid maintenance only if you are able  to show that your wife is highly qualified and has been working in the past and hence she dosent need maintenance
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1. There is a recent Apex Court Judgement stating that maintenance is not to be given if wife is highly qualified to maintain herself,

2. You can avoid paying maintenance to her, if you can submit evidence that she is highly qualified and is capable of earning to maintain herself.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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