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Maintenance -in dv

(Querist) 18 August 2014 This query is : Resolved 
Thanks to all the experts for ur valuable guidance....

In my DV case against my Maintenance application husband sent his replay,he said he have salary around 1.25 lakh per month but his abroad expenses 1.20 lakh( Like - Traveling , Foods , clothe ,Home rent, medicine, mobile , cable & internet bill and Loan ) per month so he can't possible to give any maintenance to me.my lawyer told me next hearing we argument with court and try to start maintenance to you.

So my query is :

1.Can court possible to dismiss my Maintenance application based on my husband statement.

2.if not so can i eligible for maintenance. I have one kid also.

3.Can court ask my husband - Why / How much loan taken.

3.Also why court given date always after 1 month.

Please advice.

Thanks
ROHIT SHARMA (Expert) 18 August 2014
Madame Magge,

1. Your queries are answered as under :
1.Can court possible to dismiss my Maintenance application based on my husband statement? = No, the court will not dismiss your application.

2.if not so can i eligible for maintenance. I have one kid also.? = Yes, the court will order maintenance for both yourself and your kid.

3.Can court ask my husband - Why / How much loan taken? = I do not think the court would be interested in asking such question. All that the court will understand that he is gainfully employed and he has to give the maintenance irrespective of his expenses.

3.Also why court given date always after 1 month? = This is normal procedure and soon the court will decide on the issue.
Magee (Querist) 18 August 2014
Thanks Rohit ji,

Actually my advocate can't give much more time to my query . Only before hearing one or two days he talk to me. & Now i am not a position to change a lawyer.

This website is very helpful for who is suffering from legal advice.

Rajendra K Goyal (Expert) 18 August 2014
Well advised, agree with the expert.
Rajendra K Goyal (Expert) 18 August 2014
Well advised, agree with the expert.
ADV-JEEVAN PATIL, MUMBAI (Expert) 19 August 2014
Agree with experts
Shonee Kapoor (Expert) 21 August 2014
Nothing left to be added.



Regards,

Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
V R SHROFF (Expert) 23 August 2014
Well advised, agree with the expert.
V R SHROFF (Expert) 23 August 2014
Well advised, agree with the expert.


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