Dv,interim maintenance and shared household
Guest
(Querist) 30 October 2013
This query is : Resolved
Wife has filed 498a followed by dv .in dv wife has asked for shared household and interim maintenance.i have to give our say on the next date .my lawyer has suggested that I should gift my house to my parents or sell it to avoid shared household order.will this really help at this stage when I have to give my say on the next date or is there any other way to avoid residence order?will wife get interim maintenance till shared household is decided?and approximately how much would it be ?wife has asked for 30k as IM .i earn about 70 k ,she runs a boutique and earns about 20k .
adv. rajeev ( rajoo )
(Expert) 31 October 2013
If you gift the house during the pendency of the case, it amounts that it has done intentionally.
She is entittle for maintenance.
Rajendra K Goyal
(Expert) 31 October 2013
She is entitled for maintenance quantum of which may be decided by the court. Generally it is 1/3 rd of the pay and if you are able to prove her income that would also be considered.
For house gifting would amount to intentional in the eyes of the court.
ajay sethi
(Expert) 31 October 2013
if no order has been passed restraining you from selling the flat you can dispose the said flat .
your wife is entitled to right to stay in shared household . in your reply mention that wife is earning rs 20 k per month and runs a boutique . she may not get interim maintenance
Guest
(Querist) 31 October 2013
Thank u for the replies.
Do I need to submit her income proof or just have to mention her income to avoid interim maintenance ?
ABDUL RAZIQUE
(Expert) 01 November 2013
YES YOU CAN FILE HER INCOME PROOF AND WAIT NEXT ORDER OF COURT.
V R SHROFF
(Expert) 01 November 2013
Prove her income, and ur other liability of parents etc
Defend properly, without creating trf now
sibasish pattanayak
(Expert) 02 November 2013
HI SUJIT K,
THOUGH the query has already been resolved (as it appeared here)but being a practical lawyer in this field I beg to place my opinion here to reply your query as a whole as follows :- a) in your posting mainly you have placed some Qs with asking suggestions about DV CASE against you .
In reply I beg to differ with the opinions as opined by some experts in your case . in my consideration your wife is entitled to get IM or M in finality though she has personal income of Rs20000 MONTHLY, but your earning is Rs70000 monthly . According to the law wife is entitled maintain her status as per the status of her husband.
Secondly in spite of transfer or sale of your house the power of the court has not seized by this special act as the court is empowered to pass an order of shared house hold in favour of the aggrieved . If you transfer your house to other the right to reside in a shared house hold can not be wither away ,in that event court can pass such order with a direction upon you to provide alternative accommodation of same level. better you have to contest with the matter to disprove the allegations as alleged by your wife with papers and documents .The subject matter of IM yet to considered on the basis of the quantum of income of the aggrieved as she is not able to maintain herself during the course of trial ,in your case she is earning Rs20k,p/m , on this reason she may not entitled to get IM .
ANY Qs, please call me.
regards,
ADVOCATE SIBASISH PATTANAYAK,CALCUTTA
9477090999
