Legal Question in Family Law in India
My wife has filed the restitution of conjual rigts in 2009 after she left the house.I agreed for the restitution of conjual rights in first hearing.But she did not return back and She dragged the case for two years and now she withdrew her petition.
simultaneously she has filed the domestic violence case in 2010 against me and my family members saying lot of false allegations. Recently she filed the application for interim maintenance and asking money for her higher studies and her affidavit with main complaint of Domestic Violence.
We filed the reply.Now the arguments was over of the parties but she not filed any evidence.
We are waiting for the order in next month.Currently i am unemployed and we mentioned in our reply.
1,What is the procedure?Whether the court will make an order for minimum interim maintenance or reject the same?.
2,What will be the next step to avoid this maintenance suppose if they give an order for minimum maintance?
3 Answers from Attorneys
The answers to your queries are here in below:-
1) The procedure is very lengthy to explain in few words and moreover you seem to have a lawyer who is defending you in the court , Ask him. The court is bound to pass an order of interim maintenance under the DV Act .
2) File an appeal before the High Court.
the maintenance would be decided as per your earnings, assets and liabilities and even the earnings and assets and liabilities of your wife may be considered before passing any order.
1)order depends on court's discretion after hearing you both etc
2) 2 options file revision before same court / appeal before high court or obey order and pay maintenance.
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