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Wife not vacating flat and receiving maintenance what to do
08-Aug-2023 (In Family Law)
DV was filed by my wife against me in 2013. MM Court passed interim maintenance order on in Feb 2017 of Rs. 15K from date of application i.e. Feb 2017. I paid Rs.60 K but DV was issued and I deposit 25K D.W was called back by MM. Further I paid 10K and D.W issued again in April 2018 and I deposit 33500/- and promised to pay 20K per month in writing D.W is stayed by M.M in April 2018 itself and MM wrote that As Resp. is ready to pay Rs. 20K Per month so no purpose will be solved by sending him behind the bars hence D.W is stayed till next date. Since then I am paying 20K per month but (1) OP is not filing her Oral or Written Evidence (2) OP has registered a separate case U/S 125 (3) of Cr.P.C and 31 of PWDV Act in the same Court. My next D.V date and case for this fresh case is on 10th Aug 2018. OP is staying in my own flat which is under the name of me and my father but she did not allow anyone of us to even enter our own flat. Please advice accordingly that what am I suppose to do?
Hi! You have not mentioned whether your wife is earning or not ,do you have any issue out of this marriage and when did you get marry and what is your income and dependents on you. But still i opine that, maintenance is granted by mm court, you bring that fact on record while contesting 125 cr.p.c so, you will get relief there and if you want dissolve this marriage file petition for divorce u/s 13 {(i) (a) of hindu marriage act , for mental cruelty by wife and bring all fact on record, in case of dv if , wife is not filing evidence ask your advocate to file application for proceed with out evidence which will weakens their matter and if you feel the amount of maintenance granted by mm court is much higher compare to your income then file appeal against said order before sessions court . If your father is joint owner in the flat where your wife is residing presently , ask your father to file a civil suit for vacating flat .
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Adv. Pradnya Pednekar
Mumbai | 25+ Answers
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Dear client, the aim of mantaince is to fully fill all her requirements, as she get free resident then no need to give such huge maintenance, if she have any professional educational qualifications then bring it to the hon.court .Please see whether she is going to remarry, otherwise be brave don't take tention of imprisonment, courts have also limitations to take action,possible to change the job and meanwhile file you are jobless. Every thing will be right. Best of luck. If like views please rate me.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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