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Mohammed Raffic N   05 October 2024

Supporting documents for maintenance case

MY wife has filed a maintenance case for a total amount of 8 lakhs and Rs 30,000 /- per month. Out of that 8 lakhs , 6 lakhs she is claiming that spent for my daughter educational expenses , where my daughter died at last. But i dont even know about the admission of my daughter and i have been informed only one hour before my daughter death.All this happened when the GWOP case filed by me was existing in the family court.Next she has added that an amount of 2 lakhs has been spent for my daughter education. But for none of this above said expenses , they didnt submit a single document as proof in the family court.We have been separated by 8 years. I have submitted all my income and debt documents to the court without hiding anything.

I would like to know , for concluding a maintenance case , to what extent the documents are essential for the amount they are claiming with me.

Kindly give ur views and suggestions.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     05 October 2024

It becomes the duty of your wife to prove that she had spent the money towards child's education, however if the expenses was spread over 8 years and she never claimed them anytime earlier and she is claiming only after the death of the child or after you have filed the GWOP, then you can refuse to pay even a single penny for the reason that you were not even informed about the child's edcuation or any other aspect of the child especailly when all your efforts to see your child or to undertake the expenses of the child was rejected by her earlier when the child was alive.

If your wife is employed then you can produce the documentary evidences of her employment and can repudiate her claim towards monthly maintenance too.

The documents you have submitted to prove your assets and liabilities would be sufficient to prove your income status.

It is a practical sitaution hence you can take the assistance of your own lawyer and tackle the issue as per the prevailing circumstances.

Dr. J C Vashista (Advocate )     06 October 2024

She has claimed maintenance from you for which she has to prove her averments, which can be demolished by your lawyer in her (your wife's) deposition.

Claim for her maintenance is not (NOT) a suit for recovery of money (ies) already spent by her for any purpose. 


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