Maintainence
vijay
(Querist) 15 March 2013
This query is : Resolved
my wife has filed false complaints u/s 323/342/354/34 aganist me and my parents. now she has filed another complaint in the women cell. My marriage was dowryless. the newspaper is also there. my wife is earning around 40,000 from govt job. i was working in private company. my last ITR is Rs. 2 lacs. if i show that i am jobless for the last one month before the court. Will it help me in getting maximum maintainence from my wife u/s 24
Devajyoti Barman
(Expert) 15 March 2013
If you could prove that your wife earns that much then you need not show unemployment.
prabhakar singh
(Expert) 15 March 2013
"my wife is earning around 40,000 from govt job. if i show that i am jobless for the last one month before the court."
it may DO WONDERS INDEED.
Advocate M.Bhadra
(Expert) 15 March 2013
No,if you would suppress the actual income though you have file Income Tax return then your wife can obtain the information about your income from the Income Tax authority by way of RTI or the pvt company by order of Court.You may be victim by the court for submitting false affidavit and facts which may lead criminal cognizance as well as penalty/cost.
The Indian Express(today---15th March 2013)
In tune with the modern societal shift where women are increasingly becoming financially independent, a city court has held that alimony cannot be demanded for "unjust enrichment". It further observed that an estranged wife can seek alimony only if she failed to maintain similar standard of living after separation.
Dismissing the maintenance petition of a woman employed with a government school, Additional District Judge Rajender Kumar Shastri said the legal provisions are aimed at providing financial assistance to the indigent spouse, certainly not for enjoyment of an opulent lifestyle.
The petitioner had sought alimony of Rs 1 lakh per month from her estranged husband. Married in April 2008, the couple had severe marital discords after which the man approached the court for divorce.
While the woman has a monthly salary of Rs 19,000, the man is employed as a manager with a Noida-based power company with a monthly pay cheque of Rs 62,000.
According to the petition filed by the woman, she was entitled to the same lifestyle she had before separation and that the court should allow her the maintenance money after comparing her income with that of her husband.
However, the plea failed to cut ice with the court. Taking into account the social changes where women are no longer dependent on their husbands or other family members, the court observed that before passing an order for maintenance, it was imperative to see that she had no independent sources of income, which could adequately maintain her and bear the cost of litigation.
vijay
(Querist) 16 March 2013
It was my parents company where i was working. Now parents has debarred me from all the relations due to bad conduct of my wife. Now i am jobless. to get maintainence from my wife, what should i do. Should i prove jobless or prove that i am working in private company and getting Rs. 7000 to 8000 p.m only.
Raj Kumar Makkad
(Expert) 17 March 2013
It is better to claim working instead of jobless. You may show your salary at the lesser side but showing jobless means inviting more liability.
Sudhir Kumar, Advocate
(Expert) 07 April 2013
Repeated query
http://www.lawyersclubindia.com/experts/Maintainence-from-wife-u-s-24-of-hindu-marriage-380301.asp#.UWFd0TchHfM
http://www.lawyersclubindia.com/experts/maintainence-378596.asp#.UWFdyDchHfM
http://www.lawyersclubindia.com/experts/Maintainence-from-wife-379061.asp#.UWFdwjchHfM
