Maintenance and divorce
das b m
(Querist) 08 August 2012
This query is : Resolved
Marriage took place in 1997. Differences arouse due to false declaration of qualification and age by the wife side at the time of marriage talks. Two male children (now 10 & 12 years old). Husband(employee) purchased properties and constructed house in the name of wife (housewife)in 2000 & 2007. Still wife filed DVC (maintenance granted) & 498a in 2008 against husband & mother-in-law (both acquitted). Husband was put in jail for 15 days and got suspended from service for 6months. He filed for Divorce (dismissed by lower court, going to appeal in High court).
1)What are the parameters for fixing the maintenance from a salaried husband by the court?
2)Does the court take the Gross salary or Net salary into account for calculation?
3)Can the husband claim back,(with documentary proofs), the property kept in the name of wife?
4)For how long the maintenance for the male children is to be paid?
5)Wife is having 30 lakhs worth properties in her name (house & site)in her possession and earning rents. Can the husband approach the court for stopping the maintenance to the wife?
6)Why doesn't the court grant divorce to the husbands who are facing a lot of harassment from the wives?
7)Court directs the husband to pay maintenance, but doesn’t direct the wife to give basic service to the husband. From where can the husband get the service?
Kindly Answer
adv. rajeev ( rajoo )
(Expert) 08 August 2012
When wife has got income she is not entittle for the maintenance. But to maintain the children it is the duty of the father, boy will get maintenance till he attains majority and girl will get till her marriage.
das b m
(Querist) 10 August 2012
sir kindly answer all the questions. any expert please answer.
