Maintaince demand from wife sec 125
ashis kawtia
(Querist) 12 September 2012
This query is : Resolved
mywife has filed a case u/s 498a against me and parents.we have taken regular bail from court.now she is demanding maintaince u/s 125 of a amount which is beyond my means.please advice
Kiran Kumar
(Expert) 12 September 2012
contest the case and adduce appropriate evidence to diminish her claim.
seek help of your lawyer before the trial court.
ashis kawtia
(Querist) 12 September 2012
kindly confirm what kind of evidence i can produce before the court that my income is less than that what she has filed in the maintance case. She has stated that my monthly income is Rs 100000 per month and asked for maintence of rs 50000 per month. however my monthy income was only 15000 per month,currently i have suffered losses hence cannot ever effort this also.
ajay sethi
(Expert) 12 September 2012
your wife can demand the moon but will she get it ? you cn palce on record your income tax returns which will show your annual income . you are bound to pay maintenace but certianly not rs 50,000 per month as demanded by your wife
V R SHROFF
(Expert) 12 September 2012
As far as Income part of husband is concerned, it is a burden on wife to prove it.
So don't worry.
courts are no fools.
Courts will verify the income part, and only on proof it will be considered and amt. decided .
You need not produce any evidence. Let her prove your income.
ashis kawtia
(Querist) 14 September 2012
when my wife filed the FIR against me she has also mentioned for collection of stridhan u/s 406. she has collected all her belonging under the sec 406. she has also signed the seizure list stating that she has collected all her belongings. Can the collecton of stridhan u/s sec 406 be put forward as a ground for desertion by wife? moreover she was working and earned a monthly income of Rs 15k. She has quit her job recently after she has lodged the FIR u/s 498a, 406.. Is the husband still required to pay maintenance if the wife has willful quit her job to harass me and ask for maintenance. Can the wife claim maintenance even after collection of her stridhan from the husband's house?
kindly help will the above mentioned queries.
V R SHROFF
(Expert) 14 September 2012
u prove her income 15k p m; Let her prove she left the job. & reasons thereof:
If with malafide intentions, her mtn amt will be affected, in ur fvr.
ashis kawtia
(Querist) 17 September 2012
if my family's income including mine is around 1 lac and mine around 10k and my wife have filed a case of maintenance u/s 125 will the court consider my family income or just my personal income?since i am residing with my parents and the house is owned by them can she ask for a share in the property
Tajobsindia
(Expert) 20 September 2012
I agree to above repliers.
