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Delay in case of domestic violence
21-Oct-2023 (In Divorce Law)
I have filed DV case in March 2020,first year passed in Covid19,then proceeding started,but opponents filed various applications to prolonged the case,(for e.g. opponents filed Affidavit of Income and expenditure after 8 months from the date of court order ,that too in incomplete form.
Then respondent kept on filing various applications.
Exhibit5 is not taken on board for processing.
Now it has been four years,my case is still pending in the court.What can I do ?
In such situation of unne delay at the hands of respondent, you can file an application for interim maintenance wherein you can ask your husband to pay you a particular amount as monthly maintenance till the final disposal of the case. Let the case be delayed then, but he has to give you the interim maintenance if granted by court.
Helpful?
Adv. Rahul Mishra
Mumbai | 200+ Answers
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How do I challenge interim maintenance?
You can indeed file a petition for revision to review the court orders granting her support and to also reduce the amount based on your facts and merits. You will need to prepare evidence that shows you dont earn the income she has falsely projected in her maintenance application.
On what grounds a husband can deny for maintenance?
According to Section 125.4 of the Criminal Procedure Code, a wife does not qualify for maintenance if they have committed adultery, are infidels or refuse to live with their husbands without a sufficient reason. If the divorce was sought through mutual consent or the husband did not have a source of income.
In which cases wife is not entitled for maintenance?
The Karnataka High Court ruled that a woman who is having an adulterous affair with another person cannot claim maintenance under section 12 Domestic Violence Act. 06-Oct-2023
What is rejection of maintenance under SEC 125 CrPC?
The Magistrate may cancel an order if the wife for whom the order was made is found to be living in adultery or refuses to live together with her husband without a sufficient reason, or if they both agree that they will not live together.
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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