Maintenance case
ankit sharma
(Querist) 08 April 2014
This query is : Resolved
sir
my sister want to file against her husband for mtn case . he is photographer(doing variety of photography + pre/post marriage video shutting + having team of photographers) at chattisgarh having good income.
to get good mtn as she is having 6 month old daughter what she need to do. what are the things to prove about her husbands income as he is not filing it return. he is having one dependent parent.and one married sister which is left by her husband.
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
Are your sister and her husband living separately?, If so, how, by divorce or otherwise?, She can claim maintenance if she is not employed and if she has not voluntarily abandoned her matrimonial house on her own. If her husband deserted her or thrown her out of his house, she can very well file a petition u/s 125 cr.p.c. seeking maintenance amount from him for meeting the expenses of herself and that of her child from her husband. If he is a photographer and earning good income, she need not produce any income, she can mention it just like that, it is he who has to deny it.
ankit sharma
(Querist) 08 April 2014
thanks for ur reply sir,
she is not divorced yet. not employed , she has been thrown out of her matrimonial house.
we also filed 498 case.since they asked for dowry to built new studio.
her husbands income is around 70000 - 75000 pm. he recently traveled by plane (and many times before.
how much maintenance we can expect from him.
Dr J C Vashista
(Expert) 08 April 2014
I agree with Mr. T Kalaiselvan, Advocate and appreciate his opinion. Reply his questions so that proper advise can be rendered.
Basic question arises why does your sister seeking for maintenance, where she is staying, what she has been doing, is she unable to maintain herself?
V R SHROFF
(Expert) 08 April 2014
app 25000 p m
WHY YOU FILED 498
TELL ME WHAT YOU ACHIEVED BY FILING 498???
What are the advanages/ benefits recd by you against the loss incurred
IS IT NOT FOOLISH TO LODGE 498A in haste & REPENT LATER????
ajay sethi
(Expert) 08 April 2014
it makes no sense in filing 498A case .
as far as your claim of maintenance is concerned gather proof of your husband income . does he file income tax returns ?
if so you can call upon your husband to produce his income tax returns
Devajyoti Barman
(Expert) 08 April 2014
Your sister simply can ask for maintenance. She will have to put a figure of probable income of the husband. It is upon husband to disprove the said amount of income.
Rajendra K Goyal
(Expert) 11 April 2014
The maintenance would depend upon the income of the husband, if you have acceptable proofs of his income you should proceed accordingly. Without going through all the papers quantum of maintenance can not be guessed.
She can also claim a portion to live in according to circumstances.
Surrender K Singal
(Expert) 12 April 2014
Maintenance can be to maintain her style of living as was while living together;
