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.
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 in Family Law from Hyderabad, Andhra Pradesh
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
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.
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.
Can you please brief a little more on my doubts for the the below mentioned points.
Q: if your wife is not working she would be entitled to maintenance .
Ans: She is not working.
Doubt: As a husband i made my best efforts for settlement before the Legal Service Authority. I clearly mentioned in the reply notice that i will provide you new shelter with all the medical facilities required for a pregnant women. And you can stay with me during your pregnancy period or if you wish to stay at your mother's place i will give my complete support for your needs. My question for you is:
1. How can my wife ask for maintenance? even after stating her clearly my willingness for conjugal life.
2. If she need maintenance even after child birth, then how can i accept to provide the maintenance. Because i clearly stated in my notice for my willingness for conjugal life.
Note that, in her Notice she asked me to take a new house with all the facilities and without any domination's of in-laws. As a reason, in reply notice i have clearly shown my level of interest for conjugal life and also for her demands.
I request you to clarify, in what conditions or in what state i should agree for maintenance? even after making my best efforts.
I feel she has only choice to demand maintenance for child after giving birth.
During the discussions i will definitely plea reconciliation and counselling for bond with my wife.
As per your guidance, i will stick not to counter any case or notice to avoid maintenance. But what all the best possible ways to avoid maintenance if my wife do not agree to stay with me? How can i simply agree for her false statements and asking for maintenance without any valid reason? She can only ask me the maintenance if i ignore her to stay with me. I just want to know on what basis she can highly demand for maintenance?
I am a private employee, if court orders me that you have to give your wife maintenance and if i reject the decision, what all the possibilities DVC play the role in collecting the maintenance from me?
Request for your advice and guidance.
Asked 2 years ago
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.
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.
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.
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 .
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.
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.
Can you please brief me regarding U/s 19 & 20 of Domestic Violence Act`. My wife filed the DVC U/s 19 & 20 on my parents and on me.
1. If my wife refuses to stay with me, can i file the petition for Conjugal life? if yes, then DVC case will be kept on hold till the hearing from petition made for Conjugal life? At this juncture what all the petitions can be filed from my end just to keep the Domestic Violence Case running for months and years?
2. if i disagree with the order of maintenance passed by the court, then what or which kind of appeal can be made to show my willingness and interest to lead the Conjugal rights?
3. I am a private employee, if i disagree to the order of maintenance passed by the court then will i be sentenced to jail for denying the court orders? If i am jailed, will i loose my existing job? can i get the bail from court? if i am jailed what will be the duration of jail term (approximate)?
4. At this juncture, Can i take the personal loans for home repairs or any other Life insurance or Health insurance schemes just to show my monthly income drawn is very less. So, that can i be lessened for maintenance? If in case i am not permitted to do so then can you suggest other possible ways to lessen the maintenance charges.
5. Do my parents will also be affected if i deny for orders of maintenance? Because my wife made DVC against my parents also. Presently my father is in hospital and got operation for right leg, he has a polio (left leg) and was retired 4 years back from Government services. He is under the pension role from government and they are not dependent on me as they are good in taking care of there needs. What are the possible ways to show my parents are dependents on me? Also my mother is sugar patient and undergoing treatment frequently. Doctor given the bed rest to my father for 6 months and mother is taking care of my father. Will the court will keep the DVC on hold till my parents are fit to attend the court for DVC case? What all the actions will the court takes on my parents? nature of seriousness?
Asked 2 years ago
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
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.
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.
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.
The maintenance wife can only be avoided if you could prove her employment.
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.
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
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.