Legal Question in Family Law in India
Under domestic Violence act, my wife has asked for compensation @ Rs. 155000/- plus maintainance @ Rs. 9000/- per month and claimed that I have thrown her out of house and kept my 1.5 yr old daughter, whereas she ran out of home by herself under influence from her family who have eyes on my property and valuables in my wife's name.
1) she is having indipendent business and earns more than me
2) I am afraid, she may stop her business for time being to be eligible for more maintainance.
3) She is working in a school presently and not doing business since she filed the case (but I donot have a proof of her working in a school)
3) what facts should I bring before the court toprove that domestic violence has not occured. I am able to collect over 1000 pictures of our happy life of 6 years and ITRs of both of us
4) what to put on record that she is not eligible for compensation and maintainance,
3 Answers from Attorneys
Sir, her independant income being more than you will certainly go in your favour. If she stops business which otherwise she could do or she had done is a plus point for you. All these facts you will have to bring before the court and prove them. Unfortunately, the definition of Domestic Violence is very wide and is not merely restricted to Physical Violence. However, 1000 pictures certainly showing a happy living will come to your rescue. A victim of violence cannot be happy on all such occasions. That could be your argument. Another important tool in your hand is her ITR. if she intentionally does not earn to her potential she may be denied maintainance or compensation for that matter. Effectively participate in the proceedings before the court and make sure that you are aware of what is happening from time to time. Your seriousness in the matter is what will make you win. Good Luck
You may need to prove your facts before the court.
you have mentioned in other post that she is working for a meager salary and supporting her daughter. however, she is entitled for maintenance and 9000/- is not a big amount for you to pay for her and the daughter. the maintenance is far less than maintaining a centrally air conditioned house.
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