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Ongoing DV case,Maintenance and 498A from past 2 years 1 son also


04-Sep-2023 (In Divorce Law)
from past 2 years i have beening contesting a case in the Domestic Violence, Maintainence and 498A against my husband and his family, i have a four year old son who is also staying with me. they have just now started to appear in court. i have few evidences against them for domestic violence and demand of dowry also but they have not given a consent but they have instead submitted some documents stating my present job and my salary saying that she is working and she is capable enough to take care of her as well her child. now i want to know what options do i have to nullify what all papers he has submitted as my salary is very low and he is earning approximately 10 times more than me.
Answers (3)

Answer #1
700 votes
Those documents will not play a major role!!! Firstly that is the amount with which probably you can take care of yourself, however the child is a joint responsibility and your husband will have to pay for it. The way courts now work is that they will ensure almost a similar lifestyle, which shall include basis requirements and others; thou they wont assure a luxurious life!!!! My suggestion is that you may proceed with arguments on maintainance on the basis of the Income Affidavits furnished by both of you and the documents filed along with it. .
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Advocate Vaibhav Vats

Adv. Vaibhav Vats

LawRato Delhi | 25+ Answers
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Answer #2
898 votes
You already have lawyers who had advised you to go ahead with the cases you have filed. In the maintenance case, the Court must have asked affidavit as per the Kusum Sharma judgement of Delhi High Court and your lawyer will place the facts before court at the time of argument. The Court will decide the quantum of maintenance. Further proceed and pursue with other two cases of DV act and 498A seriously, if your in-laws are convicted or on the verge of conviction, they may intend to go for conciliation and if you think for better future of your child, you can live with you husband and in laws, you should reunite. If there's is scope of reconciliation, I will advise you to go for that.
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Advocate Kumud Shekhar

Adv. Kumud Shekhar

LawRatoDelhi | 50+ Answers
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Answer #3
711 votes
Dnt worry . If you are earing and they have proof of that . Judge might cancel you maintainance but your child have right to get maintainance . Also you might get maintaianace as it all will depind of your salary and his salary and your total expense . If your salary is too low and expense is more you might get mauntainance too.
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Advocate Meenakshi Aggarwal

Adv. Meenakshi Aggarwal

LawRatoDelhi | 100+ Answers
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