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Maintenance and DV related query....
05-May-2023 (In Domestic Violence Law)
Two years back wife went to her native place to visit her family, I booked her flight tickets and transfer her funds before her travel and sent her money time to time for her expanse.
Point 1 : I made her partner in my firm and joint cheque signing authority as well.
Point 2: We purchased a bungalow in which she is 50% partner and she is co-borrower in loan as well, but she invested only 4% of the bungalow while construction, she never pays any EMI of her share which i have to pay every month. total EMI is around 90000.0,according to my ITR my income is around 17lac annual.
Point 3: she is a lawyer by profession and now she has filled a DV case at her home town, she doesn't allow me to speak to my 2 minor children, case in in the court form last 1 year so fi transfer money to her every month for kids.
Question :1 what kind of maintenance she is eligibly for ?
Question 2: She demands a separate house in her home town and she has no intention to come back.
hello parmeet hru.
as i can see yhe issues you are telling is very fine and minute on the terms of relarionship as i can calculate the things rights now is verymuch complicated and very much legally planned in manner to get seperation as well as to extort money from you as much as she can. as you are what things you what duties you have followed to give her all support financially.is a very good work you have done but now its the time for you to start thelegal actionagaist her illegal demands and her wrong behaviour. tou must startlegal action .
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Query perused. She is entitled to monthly maintenance for herself and two minor kids. She has also sought a separate residence order, to which she is entitled to. You can move an application under section 21 of the domestic violence act and seek visitation rights for the kids. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hello sir. I have perused your legal query. There is no hard and fast rule in relation to the kind of maintenance your wife may be granted. Courts in the recent past have looked at the wife's professional abilities to decide the quantum of maintenance if any that is to be awarded to her. Most likely her demand for a separate house in her home town will not stand. Please feel free to reach out to me in case you wish to discuss the matter further.
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