DV interim maintenance if wife left job after filing
2 years ago
My Wife filed DV and resigned from current job and is staying with me only at my fathers flat. What is DV maintainance she will get if she stays with me only. She has also prayed for our injunction from my Fathers flat itself where we all reside together.
If I request k court for giving her partial amount for alternate accommodation will court consider ? Since she will keep harrasing us and threating us by putting some police complaints?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.You first ask court to direct her to get job back.
You can definitely give alternate accommodation.
Maintenance will depend on both of your salaries.
You can definitely give alternate accommodation.
Maintenance will depend on both of your salaries.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
According to the Delhi High Court, interim maintenance under the Domestic Violence Act does not bar a claim under Section 125 CrPC. Furthermore, the DV Act gives the wife the right to a shared household. As far as the facts related to leaving the job and injunction from father’s house are concerned you need to provide detailed facts. You may ask the court for alternate residence for the wife but such request should be backed with a reasonable basis established by appropriate evidence and provisions.
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According to the Delhi High Court, interim maintenance under the Domestic Violence Act does not bar a claim under Section 125 CrPC. Furthermore, the DV Act gives the wife the right to a shared household. As far as the facts related to leaving the job and injunction from father’s house are concerned you need to provide detailed facts. You may ask the court for alternate residence for the wife but such request should be backed with a reasonable basis established by appropriate evidence and provisions.
If you find this answer helpful please rate my answer. Thank you.
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A.Hi,
Interim maintenance under the Domestic Violence Act does not preclude a claim under Section 125 CrPC according to Delhi High Court. The Court has said that the court concerned would necessarily bear in mind the interim maintenance awarded in the other proceedings while considering the merits of the new application. Moreover, under the DV Act, the wife has a right to a shared household.
If you find this answer helpful please rate my answer. Thank you.
Interim maintenance under the Domestic Violence Act does not preclude a claim under Section 125 CrPC according to Delhi High Court. The Court has said that the court concerned would necessarily bear in mind the interim maintenance awarded in the other proceedings while considering the merits of the new application. Moreover, under the DV Act, the wife has a right to a shared household.
If you find this answer helpful please rate my answer. Thank you.
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A.The Magistarte orders under the Section 20 (1) (d) for maintenance of the woman and the child to be passed under Section 125 of CrPC but if you sees the Subsection (2) it says that " The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed."
So, if you try to tell this to the court to give partial amount for alternate accommodation the court may listen to that.
Section 20 in The Protection of Women from Domestic Violence Act, 2005
20. Monetary reliefs.—
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.
So, if you try to tell this to the court to give partial amount for alternate accommodation the court may listen to that.
Section 20 in The Protection of Women from Domestic Violence Act, 2005
20. Monetary reliefs.—
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub‑section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.
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