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Advice

Guest (Querist) 17 July 2014 This query is : Resolved 
Hi Experts,

Wife harassed the husband with quarrels on small issues (Injured herself, hit her head on wall and call the police)however he is giving her maintenance 5000/ per month. Husband is in Army and now he says that he will not live with her as he is very afraid of fake allegations.
Wife living separated in the matrimonial home since 3 months.

Now my queries are under.

1. If he do not go to her what she can do to harass him?
2. Can she file case to claim more maintenance, property or alimony?
3. Husband salary is 30000/- per month and no other liabilities, no dependent except wife and daughter 10 yrs. Parents are self dependent (His father is ex-service man).


I want to know what she can do if he don't live with her.

kindly lightened on above and give your valuable advise.

Regards



ajay sethi (Expert) 17 July 2014
1) she can file DV case / 498A case against husband

2) yes she can claim more maintenance . since she has young daughter to take care of Rs 5,000 as maintenance is peanuts
Guest (Querist) 17 July 2014
She is well educated (M.A) and can do job to maintain herself. Even then she entitled to claim more maintenance?

She is returned from court and doing all this to take revenge only.
Guest (Querist) 17 July 2014
She is well educated (M.A) and can do job to maintain herself. Even then she entitled to claim more maintenance?

She is returned from court and doing all this to take revenge only.
Guest (Querist) 17 July 2014
Sir, as you are saying she can claim more maintenance if husband refuse to join/live with her.
Couldn't he give the valid reason that she is very cruel with him and threaten to send him behind bars and blame wrong allegations (DV, 498A etc.)Is this not a valid reason? Why don't Judges understand the man? This is really happening. Many of the cases wifes also left the matrimonial home giving the reason of DV and dowry harassment. Then why do they accept this and take it valid.

Kindly advise me the valid reasons which can stop her to claim more maintenance.

Regards
Devajyoti Barman (Expert) 17 July 2014
If your income is around 30,000/- then her maintenance is not likely to be increased unless there is marked hike in your salary.


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