Domestic Violence & maintenance.

Querist : Anonymous (Querist) 07 June 2011 This query is : Resolved
Sir,
My wife has filed a case under DV Act 2005, in 2009 Feb. After delaying the case with various reasons/applications, she has now claimed an intriim maintenance of Rs.20000. She was working in a college and now(Jan2011) claiming & mentioning that she had resigned the college as I had send a request for her salary request under RTI and college authorities asked for the same.
Kindly help on -
1. What stand should I take in here.
2. Can I go to her college and ask for the reason of her resignation in Written ?
Thanks in advance.

Follow Query

Report Abuse

PALNITKAR V.V. (Expert) 07 June 2011
You may enquire the reasons for resignation. If they do not give you the reasons, you may call them to court as witness. If there are no legitimate reasons for resignation, it can be presumed that the resignation was given to harass you by claiming maintenance. But if there are valid reasons, you shall have to pay maintenance. But the court will consider her capacity to earn. She is not supposed to sit idle if she is capable to earn.Some other circumstances like her qualifications, unemployment etc will have to be seen

Jitendar Kumar gupta (Expert) 07 June 2011
your question is not clear. whether she has applied for maintenance during her service or after that.

Querist : Anonymous (Querist) 08 June 2011
Sorry for being unclear here. She has applied maintenance after resigning. She is CA and MBA by qualification.
Asking to college for reason should be approached under RTI or is there some other way ?

Thanks a ton in advance.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries