Maintenance from multiple petitions
Amit
(Querist) 14 February 2013
This query is : Resolved
Hi,
My wife filed maintenance under DVC and 24HMA and 125CrPC.
The arguments are about to start in DVC and 24HMA.
(1) How will maintenance be divided in both? As I understand, amount given under one has to be taken into account into another. What happens if both orders come on the same day?
(2) How long does DVC case generally? 24HMA should take much less time, right?
(3) My wife has hidden much of her income from the court for which we have proof. I read that maintenance can be denied to wife with unclean hands, is that true?
(4) My wife's provable income is 15K p.m. whereas her total income would be 25K. Is she still entitled to maintenance under DVC and 24HMA? (She asked for 1L p.m. my income is 1.2L p.m. after tax)
(5) My wife is also highly educated and able bodied. Has been working and still working (though with reduced salary deliberately). Is she entitled to maintenance still?
Thanks
V R SHROFF
(Expert) 14 February 2013
As your income is almost 500% of her income; She is entitled to Mtn,
You must submit before the Court that her income is 25k + she applied at 3 diff courts, so it may be adjusted. Usally court dates are not on same day, so as soon as she is allowed mtn, immediately inform next two court abt it, to consider her income+ mtn order.
adv. rajeev ( rajoo )
(Expert) 14 February 2013
She cannot claim multiple maintenance, you brought to the court notice that she has filed multiple petition claiming maintenance.
Rajeev Kumar
(Expert) 14 February 2013
She can't claim for multiple maintenance and you should brought this to the court by submitting certified copy of multiple maintenance claim of different courts which will be ultimately dismissed.
R.K Nanda
(Expert) 14 February 2013
she is not entitled to any maintenance.
Amit
(Querist) 16 February 2013
Thanks everyone.
I don't mind giving her some permanent alimony but she did not file anything u/s 25 HMA.
She filed maintenance under DVC and 24HMA and 125 CrPC.
I have proofs for her 15K income but not for 25K. Also, I am willing to give her a rental accommodation (under DVC) worth around 3K.
Apart from this, she has agricultural land of 1.5 acres, how do I prove income from this? How much would courts consider income coming from this? What if she claims that she's not getting any income from this land?
Considering all this, if at all maintenance is given (under 24HMA/DVC/125CrPC), how much would that be approximately?
I sincerely feel that she does not deserve any maintenance under these three sections.
She wants to mint money from me and prolong the case as long as possible (she directly said this to me).
Please help me out on how to fight this.
Kiran Kumar
(Expert) 17 February 2013
Well the court firstly considers the fact that to maintain wife is legal as well as moral duty of husband.
the maintenance is awarded as per the social status of the parties.
her claim for maintenance under various provisions of law will be adjusted and she will be entitled to one and highest amount awarded maintenance only.
better keep your cool, if she is trying to harm you then she is destroying herself equally.
after a lapse of some time have a talk with her and her parents to settle down the matter amicably.
rest of the legal issues will be taken care of by your lawyers
have a nice time ahead :)
ajay sethi
(Expert) 17 February 2013
agree with experts
