In this article, we will discuss about the laws relating to maintenance and domestic violence in India. In maintenance, types of maintenance and factors for deciding maintenance will be discussed. And in Domestic Violence, is will be discussed as to who can claim against whom under the DV Act. Also types of Abuse, and lastly the maintenance under DV Act will be discussed.

Meaning of Maintenance: The term maintenance refers to an allowance or sum of money which is paid to the wife by her spouse, so that she can sustain herself.

Legal Provision which talks about maintenance: Section 125 of CrPC gives right to the wife to claim maintenance from her husband.

 Types of Maintenance: There are two types of maintenance.

1.     Interim Maintenance – These are the maintenance costs given to the wife while the case proceedings are going on. It also covers the litigation cost incurred by the wife.

2.     Permanent Maintenance – These are the maintenance costs which are given to the wife once the marriage has been dissolved or judicial separation has taken place. This amount is either paid in lump-sum basis or periodically basis.

Factors which are considered while awarding maintenance: The court looks into various factors while deciding the maintenance amount, they are –

1.     Status and position both the parties – Certain disclosures are made by both the parties of their income and properties.

2.     The lifestyle and reasonable wants of the wife - The lifestyle, along with the financial status is also very important. Reasonable wants not only means food for wife to stay alive, but also emphasising on lifestyle, status, health, age, liabilities and responsibilities, if there is a child.

3.     Wife’s own income – The court also considers the position of the wife. The court sees whether the wife is earning or not. If she is earning, the income level is also considered.

4.     Remarriage of Wife – If the wife remarries, then the wife will not get anything, but will pay for the children, if any.

Meaning of Domestic Violence: It can be defined a physical, sexual, verbal, emotional and economic abuse against any women by her husband or his family member.

Who can file a complaint? An aggrieved person can file a complaint under the Domestic Violence Act, 2005. An aggrieved person is a woman who is, or was in a domestic relationship with her husband and who alleges to have been subjected to any act of domestic violence by her husband.

Against whom a complaint is filed? It is filed against a respondent, who is or was in a domestic relationship with the aggrieved person and against whom the aggrieved person has asked for relief under the DV Act.

    Types of Abuse under DV Act: There can be many kinds of abuse done to the women.      They are –

1.     Physical Abuse – When there is use of force against a woman, that causes bodily injury.

2.     Sexual Abuse – This is also a form of physical abuse. Situation where woman is forced to do any sexual activity is covered under this head.

3.     Verbal and Emotional Abuse – It includes yelling, blaming, shaming etc.

4.     Economic Abuse – It covers situations when women are not provided with enough money to maintain her and her children. It includes money for food, clothing, medicine etc.

Maintenance under DV Act: A woman shall be entitled to maintenance under the DV Act, 2005, if she is actually been subjected to any acts of domestic violence and she can prove it. No maintenance shall be given if merely a discord gets developed in a marriage.

Having any legal trouble? This is where LawTendo comes to the rescue. LawTendo provides you with the best legal advice and the best lawyers who are dedicated. They have a team of professionals who can help you through your entire process.

LawTendo offers more than 10,000 lawyers in their network base which is spread over 60+ cities. LawTendo is growing and is a leading platform for legal solutions. You can contact LawTendo  online for Legal Consultation or contact us at +91-9671633666 or [email protected].