Can I appeal maintenance rejection under Domestic Violence Act?
I sought maintenance under the Domestic Violence Act. As a freelancer, I declared my net income in the affidavit, which is half of my gross receipts. The Magistrate rejected and dismissed my maintenance application. My annual ITR is approximately ₹3,60,000, while my husband’s ITR is around ₹42,00,000. What should I do now? Can I file an appeal? Will the High Court consider my case? Also, does dismissal of interim maintenance under DV weaken my main DV case?
You can file an appeal/revision against the Magistrate’s order before the Sessions Court or High Court. Courts consider income disparity, lifestyle, and capacity to earn, not merely declared income. You may also file a fresh maintenance application with proper financial documents. Rejection of interim maintenance does not weaken your main DV case, which will be decided on evidence separately. For further legal assistance contact us on our helpline number.
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