Dv and distress warrant
Debasis
(Querist) 19 January 2015
This query is : Resolved
Hello Experts,
I have been fighting a DV case for the last 2 years. Below is a jist of the situation and my questions:
1. I stay in my father's flat. Mother expired in 2000.
2. Arranged Marriage in November 2005.
3. Wife did not stay continuously in her matrimonial home, since her parents' house is just opposite to her matrimonial house. Disputes started over various issues, wife's parents' constant interference.
4. Wife pregnant in 2007. Left matrimonial house in August 2007. Baby girl born in February 2008.
5. Wife never came back. I was paying in cash for their upkeep till December of 2010 when she refused to accept money unless I agreed to leave my ailing father and come over to stay with her parents.
6. No communication for two years. She filed DV against both me and my father in 2013.
7. Interim maintenance of 10k ordered against wife's claim of 50k as my salary. My advocate advised against submitting any income proof on my side which is 30k till date.
8. Review petition filed in higher court, no income proof submitted. Prayer rejected in October 2014.
9. Wife petitioned for distress warrant in lower court since 60k from March 2014 till September 2014 was unpaid.
10. I paid 30k in two installments and DW is now kept in abeyance.
My questions:
1. In the next hearing dates in lower court, can I now submit my salary slips for a review of interim maintenance ? My current lawyer says it would be a case of unclean hands and judge may increase the maintenance. is that true ?
2. Wife sits in her father's shop, gets monthly salary from father, and files IT. I have her PAN number, could only bring out IT return copy from the IT website, but it does not mention her income figure. Will these documents count as her income proof ?
3. If I keep paying on every date, even though not the whole amount at one go, can the magistrate still order execution of distress warrant ?
Thanks in advance.
Debasis
P. Venu
(Expert) 20 January 2015
The Court will permit the payment of maintenance amount in installments.
Rajendra K Goyal
(Expert) 20 January 2015
Better pay the maintenance as per orders of the court. For salary slip of 30K you may not get relief in maintenance now ordered.
You may not be able to download IT return from web by only having PAN. You have to get summon issued to call IT department on evidence. If you are sure that she is working his employer may be summoned.
ajay sethi
(Expert) 20 January 2015
you can file for review on grounds that wife is working .
if your wife is working she wont get maintenance . you should call upon your wife to produce her income tax returns
if you keep on making payments distress warrants wont be executed
malipeddi jaggarao
(Expert) 20 January 2015
I agree with the advice of expert Mr.Ajay Sethi.
Debasis
(Querist) 20 January 2015
Thank you experts for your opinion. I would however like your advice on this.
1. According to Advocate Rajendra Goyal, it would not help to submit my salary slips now at the lower court. Notwithstanding that I failed to submit them in the lower court as well as the district court, do I have no hope at all now to reduce maintenance based on the salary slips that show in hand of 30k in the lower court or perhaps appeal to the high court?
2. I am unclear on what basis the amount of interim maintenance of 10k per month was ordered. everyone says its the discretion of the judge, but surely there must be some formula that we keep hearing, 1/3 or 1/5. I hear different opinions about this.
3. Opposite party have submitted admission form of my daughter from 2010 where my salary is mentioned as 30k. That is the only document submitted and they are saying that since 2010 till now, the salary must have gone up to 50k now, which is untrue.
Awaiting valuable advise.
Thanks in advance.
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
There is no specific parameter to decide the quantum of maintenance amount. It depends on the documents and other merits before the court which decides the amount on maintenance application.
