How to avoid Domestic Violence - interim maintenance order

983 votes

You are on right track, but you will loose peace in your life, your wife is gainfully employed she cannot claim any maintenance, if you having two property transfer one property to your daughters name with condition not to alienate / mortgagee for 20 years.

Advocate Periyaswamy K S LawRato

848 votes

Yes you are doing the right thing, and if you are earning then the court will grant maintenance at least to your daughter so if you still want your child and wife try to convince her to lead life or proceed with it legally, and you are on the right track.

Advocate Bharat Narasgouda LawRato

687 votes

Dear Querist,
Husbands property need not go to his wife, unless the husband writes a Testamentary document or a conveyance deed else the wife will not have any right in the husbands property. However, the wife is entitled for maintenance from her husband if the wife is not working. In the case of the children father cannot escape his liability towards his child, he has to bear the maintenance. Since u r wife is working u can contest the maintenance on the grounds that u r jobless, u'll succeed, if u r not happy with u r wife don't contest RCR, fight G&WC for appointment of permenant guradianship of u r child.
Best Regards,
Pratap

Advocate Pratap Kumar LawRato

508 votes

dear friend,
their is no way to avoid any procedure of court but only way to contest and defeat the other party or compromise with the party , so choice is yours . I think taking recourse and all the relevant facts has to be determined on grounds and substance of the material on records .there fore if you genuinely looking for relevant points and legal aspect to visit our office . OFC at : Pankaj Kumar, Advocate.

LawRato LawRato

557 votes

Please file your Statement of Objections in the DVA and bring to the notice of the Court that your wife is employed and produce documents such as her bank statement, salary slips etc. The matter will proceed to the further stages. You may still have to pay maintenance for your daughter. As you have filed a Restitution for Conjugal Rights Case as well, I would suggest you wrap up this one first - even this matter can be referred to Mediation and you resolve the issues of maintenance and custody. If the matrimonial case is decided in your favour, then the DVA and GWC can be dropped as well. I am insure what stage is going on in GWC hence my answer is limited to the information provided by you.

LawRato LawRato