Dv maintenance ,urgent .
Sri
(Querist) 18 July 2014
This query is : Resolved
My wife is a medico and filed dv asking for maintenance ,saying that she cannot handle patients due to mental ill-heath and stress due to matrimonial discord and doing so can be risky to patients '.
How do I defend this and show that she can work ? Will court consider her false plight?
ajay sethi
(Expert) 18 July 2014
since wife is highly qualified doctor and has been working in past doubtful that court would award her maintenance . has she enclosed any documentary evidence regarding her mental ill health?
Sri
(Querist) 18 July 2014
@Ajay Sethi- Sir ,she has not attached any medical evidence of has mental ill health .However about her past working status ,she had said that "she was not working before and after marriage ,was preparing for post graduation,as husband has stopped supporting she tried to earn but was unable due to mental illheath .Sir I don't have any documentary evidence that she was working before or after marriage .It has been 3 yrs since her graduation and she use to go and practice at her uncles clinic .she was not paying her IT returns either.
Sir is it important that wife should be working in past?
V R SHROFF
(Expert) 18 July 2014
SHE IS NOT ELIGIBLE FOR ANY MTN. Apex Court discourage, already earning lady, left job, or stop work.
Rajendra K Goyal
(Expert) 18 July 2014
Try to gather proofs about her previous working.
Court would consider her high qualification.
Sri
(Querist) 18 July 2014
Sir its not possible to get her previous working status as she was working under her uncle .
.Anyways Thank u experts for the guidance ,I was a really tensed as a don't have any proof of her income.
Devajyoti Barman
(Expert) 19 July 2014
If you fail to disprove her her statements, you can not avoid maintenance.
ajay sethi
(Expert) 19 July 2014
since wife is doctor and highly qualified she should not get maintenance . however if she is able to prove her mental illness she will get maintenance
