125 crpc interim
Bullseye
(Querist) 04 October 2016
This query is : Resolved
Sir/Madam,
The petitioner submitted a W/S in the interim and my advocate told that we also submit a W/S.
In her interim affidavit she mentions that she is starving since last four months and demanded Rs.20000/- monthly as maintenance.
My query is can i demand a financial affidavit of her monthly expenditures and demand a strict proof of her starvation at her mothers house.
Thanks to all experts for their valuable advices.
Guest
(Expert) 05 October 2016
Your question, "can i demand a financial affidavit of her monthly expenditures and demand a strict proof of her starvation at her mothers house," in itself, has given a very clear hint that it is your academic query, not a personal problem, whereas you have stated you have your own advocate.
While you have stated, "my advocate told that we also submit a W/S," BUT YOU HAVE NOT STATED WHAT YOUR ADVOCATE TOLD YOU ABOUT YOUR PRESENT QUESTION ON FINANCIAL AFFIDAVIT.
If there is any truth in your statement, better rely on your own advocate and act accordingly.
For your information, after marriage, only you are liable to maintain your wife, not her mother.
Rajendra K Goyal
(Expert) 05 October 2016
You have to prove her sufficient income to avoid maintenance.
Broadly if she is not in service / has other source of income, maintenance has to be paid.
Believe in your lawyer who is fully aware of full facts.
cherukuri prasad
(Expert) 07 October 2016
You can't ask proof for starvation. It is not her burden to discharge. Whether you can give or not is your burden to discharge.
Guest
(Expert) 07 October 2016
I endorse the views of Shri Cherukuri Prasad.
Rajendra K Goyal
(Expert) 07 October 2016
You have to prove her income, to avoid / fix maintenance at lower level.
