Maintenance once rejected
rohan sharma
(Querist) 14 April 2013
This query is : Resolved
Sir,
My wife(Physiotherapist by profession, but i don't know where is she working) filed section 125,for her self and for my daughter, in Aug 2012. Court awarded maintenance of Rs 6000/- to my daughter as my salary is Rs 35000. But her maintenance was rejected, on the ground that she left me. Now once again she has filed for revision and filed false allegations against me, and also taken the help of sentimental support, as in her revision she has written "WHICH HINDU LADY WOULD LIKE TO LEAVE HER HUSBAND HOME", while she herself left me. also in her revision she given around 10 examples of law passed in the favor of lady. Also she now saying my salary is spend on taking liquor but in my life i have never taken alcohal. Also she mentioned that my 35000/- is in hand salary, while i have never said that my in hand salary is 35000/- i simply told that my salary is 35000.
Dear Sir, i wants to know that which cases were rejected for maintenance to wife on the ground that she herself left me. and from where i can get the details of those cases so that i can also show those cases to judge. Please guide me , help me. As my wife has filed for revision and its date is 23rd April and it is very important date of my life. I am under stress about the future happening !!
Looking for your valuable advise.
V R SHROFF
(Expert) 14 April 2013
Rohan,
You must declare that your old parents and/or unmarried sister/ etc are dependent upon you, and you have no property of ur own, paying rent, and paying instalments for housing loan etc etc, Whereas she being physiotherapist earns over Rs. 50,000/- and hiding her income.
That your nett income after I tax ded , PF, & other statutory deductions is only 20k, and you have to spend on travelling to job, medical & ors, so 6k for daughter is too much, as Your wife too, is earning, and she must contribute 50 % of Daughter's mtn. You are unable to pay 6k for daughter.Only one child to mtn by her, and you are willing to keep her.
Devajyoti Barman
(Expert) 14 April 2013
You fight the Revision case.
The revisional court has power to alter, modify or set aside the order.
If you have proof of her desertion, then bring this to the revisional court.
Raj Kumar Makkad
(Expert) 16 April 2013
Despite of you arguments and liabilities, if your wife is not capable to maintain at par with your status within hr income, she is entitled for the grant of the maintenance. Defend your case vigorously but also make your mind and planning to face such eventualities.
