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(Guest)

Guidance pls

Hello,

I would like to know few things:

1.Am I entitled to pay maintenance to working wife(though she is earning less then me)

2.I stay abroad and wife stays here with minor daughter with her parents ?(she is earning good to look after her and daughter) do i still need to pay for daughter?

3.We are separated for more than 4 years, does she or her daughter has any rights on my or my dad's property( given to him by my dadi)

4.what do I need to show infornt of court as my Income proof if I stay abroad?

5.Can any point in time she can ask to stay at my parent's house or can ask for rent she is paying?

 



Learning

 10 Replies

Rahul Kapoor (Legal Enthusiast)     15 April 2013

hello,

proof in the court that she is able to maintain herself otherwise you need to provide her maintenance.

yes you need to pay for your daughter.

your daughter can claim.

you need to file income affidavit in the court throufh PoA.

she can ask for the rent.

 

regards-

rahul.gogreen@gmail.com

Adv k . mahesh (advocate)     15 April 2013

 

 

here i had given the elaborate act for maintenance to be paid on what grounds 

Maintenance under Hindu law:
Maintenance is a right to get necessities which are reasonable from another. it has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.

Maintenance without divorce
The Hindu Adoptions and Maintenance Act, 1956.Maintenance, in other words, is right to livelihood when one is incapable of sustaining oneself. Hindu law, one of the most ancient systems of law, recognises right of any dependent person including wife, children, aged parents and widowed daughter or daughter in law to maintenance. The Hindu Adoptions and Maintenance Act, 1956, provides for this right.

Maintenance as main relief: for wife
The relief of maintenance is considered an ancillary relief and is available only upon filing for the main relief like divorce, restitution of conjugal rights or judicial separation etc. Further, under matrimonial laws if the husband is ready to cohabit with the wife, generally, the claim of wife is defeated. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking divorce or any other major matrimonial relief has been recognised in Hindu law alone. A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956. The Act envisages certain situations in which it may become impossible for a wife to continue to reside and cohabit with the husband but she may not want to break the matrimonial tie for various reasons ranging from growing children to social stigma. Thus, in order to realise her claim, the Hindu wife must prove that one of the situations (in legal parlance 'grounds') as stated in the Act, exists.

Grounds for award of maintenance
Only upon proving that at least one of the grounds mentioned under the Act, exists in the favor of the wife, maintenance is granted. These grounds are as follows: 
a. The husband has deserted her or has willfully neglected her; 
b. The husband has treated her with cruelty; 
c. The husband is suffering from virulent form of leprosy/venereal diseases or any other infectious disease; 
d. The husband has any other wife living; 
e. The husband keeps the concubine in the same house as the wife resides or he habitually resides with the concubine elsewhere; 
f. The husband has ceased to a Hindu by conversion to any other religion; 
g. Any other cause justifying her separate living;

answers for your questions

1. as she is earning she may claim that she cannot provide enough facilities to the child and she need maintenance 

2. yes she may say that she is depended on her parents to share the house and she want to be independent and she cannot afford to pay rent with megare salary what she is earning and she need maintenance

3.she is not legally separated from you so she has every right in the property 

4. if maintenance filed court will direct you to show your salary slip as how much you are earining if they need any clarification or they court will direct you to pay a sum of amount after that if you are unable to pay you can file for revision of maintenance 

5.she can stay with your parents house and if not she can claim rent from you 

 

Advocate M.Bhadra   15 April 2013

Please note the following as per your query:- 1)Wife can not claim maintenance as she is working,but you have proof by submitting documents.2)You have to pay maintenance for your daughter.3)She has no property right during life time of your and your father's property.4) you have to produce income proof to the court or declaration by an affidavit.5)she can claim residence right or rent till divorce or re-marries.

stanley (Freedom)     15 April 2013

If you have a house of your own she can claim right to residence under Dv act but she cant come and stay at the house which belongs to your mom and Dad . if wife is earning and it is sufficent for her than she cant claim maintancence for her self . As for the child maintanence is co-extensive and both the husband and the wife has to share the same for the child .

Google and Read sec 19 ,20 of the DV act 2005.

HMA 24 and CRPC 125 

 


(Guest)

So If her salary is 50k and my income from business abroad is around 1 lac per month , am i still entitled to pay?

She is now saying that she has topay for education, rent, food, clothing etc and now i should pay..she has some of my recordings of our  phone converstaion where I have denied giving name or any documents for daughter's education? Also another recording wherein I was drunk and said that i am spending all my money on my friends abroad.

I know she is working but do I need to put forwrad the support of her earnings or will court ask her directly to do so.

 

She still wants to come back to me with daughter but doesnt want to come abroad however i dont wish to keep her or daughter? I havent even seen her till now


(Guest)

Also If I sold off any of the property post my marriage , do I need to show that all to the court??? She is staying with parents in rented accomodation,can she come and stay at my parent's place(ancestral hosue, now its my dad's but they term it as ancetrsal house) even though I am not staying there?

Rahul Kapoor (Legal Enthusiast)     15 April 2013

show your liabilities.

no she cannot claim under CrPC 125.

 


(Guest)

As far aas the liabilities are concerned all I can show are my expenses abroad, food, hosuing lodging, travel etc..My parents are not dependent on me...what about under DV act or 498a or Sec 24HMA etc, if she files any of these cases would my family be penalized???

Rahul Kapoor (Legal Enthusiast)     15 April 2013

has she filed DV in the court ?


(Guest)

Yes she has filed DV as of now


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