Dear Lawyers,
Please guide me in the following mattar,
My wife filled 125 & its nearing to finish, she has got 500/- as interime maintenance, she has filled case under DV Act where she is getting an additional 500/- as Interime maintenance, I had filled for RCR earlier where she asked for maintenance till case goes on, she was awarded 1000/- as Interime maintenance(this was blocked by me as i took the case to HC), at present she is getting maintenance of 1000/- from 2 cases. Let me tell you that 498a was quashed.
I am a civil engineer, & presently i am unemployed since 2008 & I lost my previous Job due to these cases & she asked the police to call me back from London.(she has accepted this fact during cross examination)
She is not able to prove any Curelty (which she claims), neither she can prove my income(whch she blindly claims to be 70,000/-)
Now my question is;-
1. Is she eligible for maintenance as she has walked out of my house without any information & without any reasons & she is not able to prove the reasons for going out of Matrimonial house.
2. what quantum of maintenance can she be awarded.
3. If any amount she is awarded in 125, can we stop the payment in DV act case. if so under what section can we stop the interime maintenance.
Waiting for your valuable replies.
Sagar
