Maintenance in dv case
Querist :
Anonymous
(Querist) 07 February 2020
This query is : Resolved
Hello,
I have a DV with maintanace case going on and now my husband is asking for my job details,bank details and salary details just to delay the court procedings in the court. I dont know what to do now? I dont want to provide him with any details because he never gave me any details regarding the same when we were married. What should be my next step. Please help.
Is it ok that my husband can ask for Bank account details and salary details so that he can reduce the maintance amount for me and my minor daughter??
Raj Kumar Makkad
(Expert) 07 February 2020
So far reduction in the amount of maintenance of your daughter is concerned, your husband can't do it merely on getting the salary and all other relevant details of you but as per law, your husband has every legal right to get the aforesaid details pertaining to you through court. You are bound to provide the same to the court but not to your husband. The income of both sides is taken into consideration while deciding the amount of maintenance.
SHIRISH PAWAR, 7738990900
(Expert) 07 February 2020
Dear querist,
You have to provide your job and salary details if court gave direction to provide. Your maintenance will be reduce if you are employed however there will be no change in daughter's maintenance.
Regards,
Querist :
Anonymous
(Querist) 08 February 2020
Dear Sir,
How can avoid giving my job details as i feel its my personal lookout whether i am earning or no.. I and my daughter stay with my parents and this is my husbands duty that he provides shelter and basic necessities to us. He has deserted us since 3 years now Please advise what should i do??
Raj Kumar Makkad
(Expert) 08 February 2020
Husband and wife are two wheels of a married 'vehicle'. If either of them thinks why he should run simultaneously with another then vehicle shall definitely derailed. You want only right but without caring for your duty. Had you been residing with your husband, wouldn't have you incurring your income for the family???
Law is not blind keeping in view the thinking of persons like you hence while computing the liability of the husband to maintain the wife, the income of the wife is also taken into consideration and here we experts for legal opinion and not to help those who believe in illegal help.
Dr J C Vashista
(Expert) 09 February 2020
Ms. Anonymous,
You have concealed material fact from the Court as well as your husband, hence you are not entitled for any relief, especially monetary relief.
Dr J C Vashista
(Expert) 09 February 2020
Husband and wife relations are dependent on faith (not suspicious) on each other.
You are to choose either you prefer relation or money that you are earning ?
Dr J C Vashista
(Expert) 09 February 2020
What is the opinion and advise of the lawyer engaged / paid by you ?
Do you have faith in your lawyer or not? If not, change him/ her immediately.
P. Venu
(Expert) 09 February 2020
Yes, you cannot withhold the particulars of your income and earnings from the Court.
Querist :
Anonymous
(Querist) 10 February 2020
The whole query has been taken wrong... i have suffered domestic violence and threats from my husband for 10 years. He has not only tortured me physically but mentally also so badly that i havd attempted sucide thrice when i was with him suffering. He has also desserted me and my daughter since 3 years and we have been residing with my parents since then. He and his parents used to demand dowry and i have registered an FIR for 498A also against him. So please do not consider this as illegal help. But after the response i have received i do not require any help from people who do not understand a genuine problem. Thank you for the help so far.
Raj Kumar Makkad
(Expert) 10 February 2020
This is your false allegation against the experts that they do not understand a genuine problem. It is correct that we are concerned only with the legal opinion and not more than that.
Raj Kumar Makkad
(Expert) 10 February 2020
This is equally true that we do not approach anyone to come and post his problem on this site and provide us an opportunity to waste our valuable time for understanding and then offering our legal expertise. If you stop posting anything, you shall not receive the legal advice of we experts.
Raj Kumar Makkad
(Expert) 10 February 2020
Filing 498A case against your husband has nothing to do with the query posted by you as DV case and 498A IP case are two different cases having no interconnection. If you approach the court with malafide intention and suppress the material facts, you shall be ultimate sufferer.
Raj Kumar Makkad
(Expert) 10 February 2020
Why don't you approach your own lawyer in the given facts?
T. Kalaiselvan, Advocate
(Expert) 20 February 2020
You should be aware that you will not be eligible for monthly maintenance amount for you from your husband if you are employed and drawing a handsome salary.
If your husband is filing a petition seeking the details of salary and other sources of income, and if the court is passing an order in this regard, you cannot suppress the fact of your employment before court.
Hence you may wait for the court order ion this connection and then take suitable action on it as per the circumstances, discuss with your advocate for adopting any other strategy to avoid furnishing the desired information.
