Wednesday, January 4, 2012

Me(37) my father (72)&Mother (66) are fed up with daily quarrels with my wife (34)she want to live seperate?

Now legally what a wife can expect from her husband is maintenance for herself, her minor children & place of residence for living, let me bring this fact for all the readers of this question & my reply here that even the Protection of Women from Domestic Violence Act itself provided that a wife suffering from any sort of domestic violence can pray to the court for these as mentioned above along with a protection order against the husband & any of his family member if such wife had suffered any domestic violence at the husband's home inflicted on her by him or any of his other relatives. Why I mention this fact here just to bring the worst scenario in any case of any domestic dispute. Now what the court will order for any maintenance, place of residence etc will depend on the CAPACITY & MEANS OF THE HUSBAND based on his income/salary from any business or job. Don't expect that court will order the husband to buy a new house for wife to stay if he can only afford a rental flat, after all the Cl 1 magistrate ping such an order under this Act too gets a petty sum of salary of Rs10000/- to Rs12000/- per month & understand how difficult it is for buying a house for an ordinary citizen in this country. You must tell you wife very clearly & even show her my reply to her here that she should mind her demands & go for rental premises which you can afford if she does not want to live with your parents otherwise she can very well go & file a complaint against you under this DV Act & let her ask the Court to get her a purchased house according to her choice & capacity. I as an Advocate shall be too happy to cross examine her during her witnessing in any such complaint made by her against you & ask her how many exclusive houses her father purchased for her mother during his life time.

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