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saranya (own business)     21 January 2013

Need help maintenance case

This is saranya.My brother applied divorce case to his wife.He is having 11 years old Son.This case is going last three years in sub-court.My brother's wife applied maintenance case.Still She is working in education line.But we cant prove that and also love with some person.Now this case result positve to his wife. whether my brother surely give maintenance to his wife or against we can apply in district or highcourt and also we dont know the idea how to move this case pls suggest and help me


Learning

 8 Replies

Rahul Kapoor (Legal Enthusiast)     21 January 2013

hello,

you need to prove that she is working and able to maintain herself to avoid maintenance.

there are many case laws on same.

 

 

regards-

rahul.gogreen@gmail.com

Msk-need -nuetral- laws (self)     21 January 2013

Saranya,

There must be a way to proove that she is working in so and so school or college. Secondly if she is graduate and able bodied, you can reduce the maintenance.  Howeverthe son is elegible for maintenance till his 18 years of age.

Akshay Sahni (Founder/Partner)     21 January 2013

Dear Sir,

You need to prove that she is presently working or capable of working and earning but intentionally not working to reduce her maintenance.

We would be able to assist you, for any further queries please visit www.indialawhelp.com

Regards

Akshay Sahni

Advocate

09891982832

saranya (own business)     22 January 2013

Thanks all,

 She studied B.E .My brother studied M.E .We know where she is working ,how much salary is getting. we have tried to proove that in court but there is no record she is working there.There is no attendance maintenance ,salary slip,salary  signature,PF maintenance all records are safetly clear from her side.We dont know how she is working there.

She is asking monthly maintenance and 30 L  from our Brother

Court asking any evidence but our side no proof


(Guest)

Saranya, You can get her details with the help of Detectives. ...

But, If her working company is favour of your brothers wife then its tuff to get the details.

Rahul Kapoor (Legal Enthusiast)     22 January 2013

hello,

there are many judgements on the facts that working wife or wife capable to earn is not entitled to maintenance.

 

regards-

rahul.gogreen@gmail.com

Msk-need -nuetral- laws (self)     22 January 2013

even if she claims that she is not working, and if she is not physically challenged, you can quote her education details  and reduce maintenance. 

KARTHIKUMAR S (Asst. Professor)     22 January 2013

Dear Sir,

 

I am an ME graduate and presently working in a college in Chennai and my wife is BE graduate and presently doing ME course (Final Semester). I have applied for divorce in 2010 in a sub court (taluk division) and she responded with intrim maintenance, Now intrim case is running and divorce case is in pending. She claims that she is not working, but I know she is working bcz my friend is also working in same college. Since she undergoes ME course in full time, the college is not maintaining her working profile and I'm unable to get proof. She claims an intrim of 7500 per month. My questions are as follows,

1. Should I pay chi;d alone or for both?

2. If I want to appeal further (after getting result from sub court for intrim) where can I appeal either in District court or in chennai High court? Is it possible to apply in high court with out going to district court.

 

kindly help me in this regard.

 

Thanking you,

Karthic.


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