Maintenance and Loss of Earnings

Tilak Marg Forum for Legal Questions Forums Family Law Maintenance and Loss of Earnings

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 1 week ago.

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  • #4713

    Vani K
    Guest

    I got married about three years ago and relocated to a different country to join my husband. However, my marriage did not work out for multiple reasons including an abusive husband and his family. My parents have been trying to get the matter resolved; however, there has been no cooperation from the side of my husband and in-laws. Finally I have filed a Divorce and DV case about six months back. At that time I was not working and was looking for a job. I have now got a good job a few weeks back. I was suitably employed before getting married at a good position. However, I was not able to work for over three years as I had to relocate to a different country after marriage. And then when I moved back, even after multiple interviews, I was not able to find a good job. It was probably because hiring managers were very interested in my marital status and lost interest when they found out that my husband was overseas and I was not divorced. They probably anticipated that I would move back to join my husband anytime and hence would not be stable in the new job. I was also hoping that things will work out with my husband and I will move back to join him. However, things only got worse. This marriage has taken a toll on me emotionally, physically and financially. I have read that Domestic Violence act covers lost wages.
    – Since I am now suitable employed, am I eligible for maintenance?
    – Is lost wages a legitimate relief to be sought in my situation in the DV
    case?
    – Can you guide me to any judgements that cover lost wages in DV cases?

  • #4718

    If you carefully read the language of Section 20(1) of the Protection of Women from Domestic Violence Act, 2005, you will find that it provides for grant of monetary reliefs for the “the loss of earnings” as well as maintenance and certain other types of monetary reliefs. Therefore, I think it may be possible for you to claim such relief on sufficient proof being given of such loss being caused due to the domestic violence. Section 20 is reproduced below:

    20. Monetary reliefs.—(1) While disposing of an application under sub-section (1) of Section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,—

    (a) the loss of earnings;

    (b) the medical expenses;

    (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

    (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

    (2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

    (3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

    (4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.

    (5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).

    (6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.”

     

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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