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Advise on DV ACT and Maint Act
26-Dec-2023 (In Criminal Law)
My Questions are : 1. As my wife has not left the home and residing in my home can she claim for the maintenance. 2. If yes On what grounds she can get the maint. From court. 3. As she is not allowing me to enter in our room and we have not seen each other from last 30 days may I have to apply for RCR. 4. As per act : No wife shall be entitled to receive an allowance from her husband if a) She is living in adultery-----------NOT B) Without any sufficient reason she refuses to live with her husband----living in her matrimonial home C) They are living separately by mutual consent -----------------NO is these three conditions are must or any of the above condition is sufficient to win the maintenance case. 5. How much she can get the maintenance by the court. 6. What steps I have to take now in this condition
1. She can claim for maintenance if she is not educated enough to work and feed herself.
2. She can ask for a maintenance on the ground that she is your wife, and you have to maintain her incase she is not in a position to maintain herself.
3. you have the right to enter your own room as long as her act is not due to threat to her body and property and/or due to self protection.
4.any one condition is enough, provided its proved.
5.Her maintenance will be calculated in relation to the ITR you fill and the liability you have.
6.You can either file for restitution of conjugal rights incase you want to stay with her or you can file for divorce on the grounds of cruelty.
You can contact me to discuss further.
2. She can ask for a maintenance on the ground that she is your wife, and you have to maintain her incase she is not in a position to maintain herself.
3. you have the right to enter your own room as long as her act is not due to threat to her body and property and/or due to self protection.
4.any one condition is enough, provided its proved.
5.Her maintenance will be calculated in relation to the ITR you fill and the liability you have.
6.You can either file for restitution of conjugal rights incase you want to stay with her or you can file for divorce on the grounds of cruelty.
You can contact me to discuss further.
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Adv. Japnam Kaur Bindra
Gurgaon | 25+ Answers
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Answers to your questions are below:
1. Yes she can still claim maintenance.
2. There can be multiple grounds wherein your wife may be able to claim maintenaince from you.
3. Since you are staying in same house, RCR may not be maintainable. Even so if it is maintainable and court passes orders in your favour, no court can compel your wife to resume cohabitation or restitution of conjugal rights against her will.
4. Any of the conditions are sufficient, but need to be proved.
5. Quantum of maintenance shall depend upon yours and her income, and there is no straight jacket formula, lot depends upon facts and circumstances of case.
For detailed advice on your matter you may contact me.
Advocate Vivek Nasa
1. Yes she can still claim maintenance.
2. There can be multiple grounds wherein your wife may be able to claim maintenaince from you.
3. Since you are staying in same house, RCR may not be maintainable. Even so if it is maintainable and court passes orders in your favour, no court can compel your wife to resume cohabitation or restitution of conjugal rights against her will.
4. Any of the conditions are sufficient, but need to be proved.
5. Quantum of maintenance shall depend upon yours and her income, and there is no straight jacket formula, lot depends upon facts and circumstances of case.
For detailed advice on your matter you may contact me.
Advocate Vivek Nasa
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Adv. Vivek Nasa
Gurgaon | 200+ Answers
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Hi,
Yes you should file the RCR and contest for the case of maintenance. living in a same home but in two different rooms amounts to separate living so before any thing can happen, file case of RCR.
Yes you should file the RCR and contest for the case of maintenance. living in a same home but in two different rooms amounts to separate living so before any thing can happen, file case of RCR.
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Adv. Puneet Sharma
Faridabad | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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