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App u/s 28 of DV to stop interim maintenance
24-Feb-2025 (In Divorce Law)
Hi, would like to understand if o/s made vague claims and demanding maintenance in DV. Can I file app u/s 28. What are the key aspects to highlight.
Please contact me only if you have previously filed such application. Looking for a reasonable and not too much experienced lawyer.
Sec 28 primary deals with procedure as to certain sections over which crpc would apply in a qualified manner. In your case since you have mentioned that claims are vague, we would have to see if the content of dv petition shows some specific instances of domestic violence or not. Furthermore other aspects relevant to your case will have to be discussed based on which we can decide whether to file a revision challenging the summoning order or to press for quashing the dv complaint . There are multiple other options depending on the facts and stage of the case. Hence any opinion can be given only after detailed study of the case documents and brief discussion.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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If the magistrate has passed an interim order for maintenance against you than you may challenge it in the Session Court within 30 days of the order passed by the Magistrate.
However if the wife is earnings and is well qualified, then she cannot claim maintenance from you. If she is non working, then you will have to pay her some maintenance.
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Adv. Divya Verma
Delhi | 25+ 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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