Maintenance For Wife & Children: Under Domestic Violence Act, 2005
Maintenance Under the Protection of Women from Domestic Violence Act, 2005
The Magistrate may direct the Husband to pay monetary relief to his wife towards her maintenance as well as for the maintenance of their children.
Amount of maintenance
The amount of the maintenance shall be purely the discretion of the Court. In determining the amount of the maintenance the court shall have due regard to the following considerations, namely,
- the position and status of the parties;
- the reasonable wants of the claimant;
- if the claimant is living separately, whether the claimant is justified in doing so;
- the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings or from any other source;
- Any other relevant fact and circumstance
The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Protection of Women from Domestic Violence Act, 2005, The Code of Criminal Procedure, 1973, The Limitation Act, 1963, The Evidence Act, 1872, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.
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