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Final maintenance in domestic violence case
18-Nov-2023 (In Domestic Violence Law)
Can final maintenance be awarded to a wife who has deserted matrimonial house with child in domestic violence case without providing any evidence of mental/physical violence by her ? (Hindu marriage)
it all depends... if she has filed a domestic violence case then she must have alleged that she is been subjected to mental or physical torture by you and your relatives. There she will also ask for maintenance.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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It all depends upon what were the evidences provided by the parties. Court will decide the case based on the evidences presented to it by the parties. If the husband is able to prove that it was the wife who deserted the husband then in that case maintenance would not be granted to the wife. Also the financial capacity of both husband and wife is taken into account.
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Adv. Sayyed Parvez
Navi Mumbai | 25+ Answers
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