Legal Question in Family Law in India

Re: DVC Mainteance Clarification

in case she is a working woman and there are no children, and she is earning a good salary, i think in this situation her domestic violence petition may not get her maintenance or compensation et al. but my opinion is based upon deficient facts stated by you. it is advisable you send me her petition under domestic violence act and after perusing the same, i would be able to give a conclusive opinion.

Re: DVC Mainteance Clarification

Already replied.

Re: DVC Mainteance Clarification

The amount of maintainence and wheather you have to pay maintenance or not all depends upon the facts of your case and how your lawyer presents the same in the court and how the judge view it. If you can prove she is working and earning at par the court may not award any maintenance to her.

Re: DVC Mainteance Clarification

You may have to pay her intermim maintainence to live as per teh standard of living she is accustomed to . but you can always show the court that she is earinign sufficeintly for the same if so there is no concept of matrimonial responsibility

Re: DVC Mainteance Clarification

Where it is proved on record that opposite party earns, then responsibility to maintain her absolves. But it all depends on facts. Facts you narrated are insufficient. Can you furnish its soft copy?

Re: DVC Mainteance Clarification

(a) You may need to contribute a part of her living expense, if required, just to maintain a reasonable living standard. The amount of your contribution may be very small as compared to the maintenance allowance had she been not a working woman.

(b) There is no such concept as "matrimonial responsibility" in Indian matrimonial law.

If she is able to establish any maltreatment on your part, she may pursue DVA and also a criminal case u/s 498-A IPC.

You may consider compromising the entire matter by way of a one time out of court settlement.