Legal Question in Family Law in India

i am in a situation where in the husband is not paying the wife the monthly home requirements..want to know if a legal affidavit can be made to ensure that the husband pays the wife certain amount as a compulsion to the wife and if not what legal action can be taken on the basis of the affidavit and otherwise and how intense can it be...pl tell me the charges(money) to ensure all this..need advice at once...thanks a lot

Asked on 6/18/11, 3:22 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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Husband wife is a sensitive relationship wherein it is the harmony which ensures every thing rather than the contractual obligations. Be as that it may, the law has provided certain remedies even in absence of any such requested affidavit or agreement. Wife can seek maintainence under Criminal Procedure Code and/or Domestic Violence Act. Not meeting the monthly expenses is defined as the Domestic Violence under the Act. In my personal opinion, if the relationship is otherwise smooth, then, instead of initiating legal machinery in play, make him understand the need of monthly home requirements. However, if he still does not understand and act upon the understanding, then left with no choice, you may go ahead and work out your remedy.

Answered on 6/18/11, 3:42 am

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