Yes you will definitely get the maintenance.

Press for interim relief in the court.

Mere capacity to earn does not dis-entitle you from the interim maintenance.

Let me know if you need further help.

Thanks

Yes, but for that you will have to move an application specifying the same before the court.

Hi,

Kindly provide details regarding number of years you've been married, number of children etc. Have you filed Application for maintenance in your DV suit? Interim maintenance or maintenance depends upon certain circumstances. Since you've earlier worked, shows you have earning capacity.

In absence of details mentioned above, it's difficult to analyse you'll get the maintenance or not.

Yes the courts do grant interim maintenance

Hi

You have to file separate maintenance case for maintenance.

Yes eligible for both maintenance.

Thank You

Yes, you can claim maintenance from your husband by filing a seperate maintenance case against him. Now a days you are not in a job therefore you can seek maintenance of his 1/3 income.

You should get interim maintenance from court

2) court can award you Rs 20000 a month as. Maintenance

Past performance of wife is no ground to apvid maintenance.This is well established by catena of decisions passed by the supreme court.

Only present income at par with the husband is a ground which disentitled a wife to get maintenance.

In your present context you are much eligible to claim maintenance.

Yes, you are entitled to obtain interim maintenance.

Just because you were working in the past, will not mar your chances to get interim maintenance.

looking at the facts you should be entitled for interim maintenance. file the application

Mediation cell has no demerits.

The mediator will try and make you two understand to get along together or ill convince you two to separate mutually, to which you have the right to deny. The order of the mediator is not final.

You tell this to mediator that the husband is not willing to live with me and I want to live and if he is not ready to live with me then he has to pay the maintenance because I do not want to break this relationship.

Regards

Hi,

A reasonable maintenance to the petitioner or the respondent is allowed by the court after considering their income for the financial support during the proceeding of the petition on the application.

You shall may be allowed the maintenance, any such sum which court reasonably decide.

Thanks,

You may negotiate with your husband and try to arrive a settlement with him, during the mediation.

You must pitch-in all your demands for resolution of the DV case.

Since you are not interested in dissolution of this marriage, your demand before your husband should be that he must take you back into the matrimonial home. Not ill-treat you and give a fixed payment each month towards your support and maintenance.

Obviously you will get maintenance allowance, claim along with compensation for lump sum amount, rent for alternative accommodation etc. File an application under section 23 of the Protection of Women from Domestic Violence Act in the same court for interim order, if possible file a proof of husband's income.

1)in mediation you should take the plea that you want reconciliation

2)you dont want divorce .

3)mention that husband does not pay you any money for maintenance

You are requested to file a case for restitution of conjugal rights with immediate effect and try to get pregnant through your husband, how you will do, plan is totally upon you as you dont want to break marriage.

It is the sole responsibility of the husband to give maintenance to the wife even during pendency of the proceedings. So you may insist on interim maintenance. In the mediation they will try to sort ot ur marital issues amicably and if not come the possible conclusion they again refer the case before the regular court. Thereafter, the proceedings will continue.

In mediation you can negotiate about maintenance you want to receive from husband, its a good way of settling the case outside court if both parties agrees, you would have to make good case and ahow judgments and also have to show that you have no income and that yu are dependent.if you dont want divorce but you husband is admant i have to say that you can also say in court and mediation that you dont want divorce however if you husband wants it he will go ahead with it

Hi,

You've filed a DV suit within few months of marriage, how can you expect maintenance? You are young, professionally qualified, having no child, on what ground you're asking for maintenance. It is very very difficult in your case to get maintenance. Job or no job, you're professionally capable of earning, that's enough. Question of having property in your name is insignificant in your case. After filing of DV suit, how can you expect your husband to take you back?

You are eligible for interim maintenance as you don't have a permanent job and since your husband is earning 80000, for maintaining the standards of living and meeting your expenses, you will be able to get maintenance, as filed according to income expenditure affidavit.

1. You have to file a maintenance case in the local magistrate court of your jurisdiction to get the maintenance.

2. If you don't want to give divorce then you have to file a restitution of conjugal rights petition in the family court, so that your husband has to take you back.

3. When you don't want to go for onetime settlement, divorce you have to do as I mentioned above.

4. Mediation or anything and everything has its own merits and demerits, the only thing is its effects are differ from person to person.

Good Luck / All the Best

If you are not working currently due to resignation or termination you can produce the documentary evidence to prove the same if your claim is challenged on that ground by your husband and can seek maintenance, you are likely to succeed.

I got married in Feb 2017 and don't have kids. I don't have a stable job no property on my name. If my case of dv go to mediation cell in court then what are the benefits and what all are demerits of mediation, as I don't want to break my marriage and not interested in one time settlement. But my husband is not ready to take me back.

You dont accept his pressures or refusals.

You can insist on rejoining him or demand him to pay the maintenance amount claimed until he is taking you back.

Dear Client,

Even if u were earning , u have absolute right to lead life acc. to ur husband earning.

Refer Below judgement to support ur case.

Shailja & Anr. Vs Khobbanna

Crl. Appeal No.125-126 of 2017, DOD 18.01.2017

(SC)

Held - wife whether capable of earning or actually earning r 2 different requirements,

merely cause the wife is capable of earning , is not sufficient reason to reduce the maintenance.

Amit Kumar Vs Navjot Dubey MANU/PH/2583/ 2016 (P&H) On a claim of maintenance filed by the wife

Wife entitle to enjoy same amenities of life as she would have been enjoying had she been staying in the matrimonial home.

Ans.1. Yes you are entitled for interim maintenance .

Ans.2. Mediation will not be effective, if you husband is not willing to take you back. However, you have other options under the HMA.