Interim maintenance case
Nirav
(Querist) 31 October 2015
This query is : Resolved
Hello Experts.. Please help..
1- My wife left me on 17Th April 2013, after four months of marriage. When She left, she agreed that she wanted divorce and we were ok. We also gave her all her belongings and all money they gave us to our relatives in marriage formalities ( like 101 to x, 201 to y).
but after few months, she filed 498A which is pending.
She also filed DV case and she asked for interim maintenance of 10000 Rs. I know she is working but I do not have any proof. She just completed her LLB and she is well qualified to earn and support herself. My lawyer talked to them for permanent settlement but they are asking so much.
My Monthly income is 79000 after all deductions. I am living in Delhi But I have to support my parents too back at home in Ahmedabad.
in my marriage life, I hardly stayed with her for 1 month because of my job. I also filed divorce case against her 7-8 months back.
can you please let me know your suggestions/comments what could happen to this case. i want to cancel this interim maintenance or I want to reduce it to 2-3000 per month.
Thnak you so much and let me know you need any details.
SAINATH DEVALLA
(Expert) 01 November 2015
Status of UR divorce case? Maintenance will be decided by the court.U have to prove that she is qualified enough to support herself.
Rajendra K Goyal
(Expert) 01 November 2015
Bring fact on the file regarding her qualification and employment. Court would consider the facts / merit while fixing maintenance.
Nirav
(Querist) 01 November 2015
Divorce case is still pending. We get the new dates every two months. No progress there.
Our marriage life is just 4 months. How much max court can give the maintenance of she is well qualified but if she is not working.
SAINATH DEVALLA
(Expert) 02 November 2015
A qualified wife cannot sit idle and claim maintenance from husband. Prove it in the court.She should be earning not less than 1/3rd of UR total income to avoid maintenance.
K.S.Srinivas
(Expert) 02 November 2015
Family court order on the maintenance:-
A family court here has refused to grant interim maintenance to a woman on the ground that she is educationally qualified.
“She is a highly qualified lady, and she is further pursuing her MBA,” Principal Judge Laxmi P. Rao ruled on Monday.
The court relied on the order of a Madhya Pradesh court in another case, which said, “A lady who is fighting a matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on the husband for demanding pendente lite [during litigation] alimony from him during pendency of such matrimonial petition. Section 24 [of the Hindu Marriage Act] is not meant for creating an army of such idle persons who would be sitting idle waiting for a ‘dole’ to be awarded by her husband.”
The court, therefore, ruled, “I hold that the wife is not entitled to interim maintenance. At this stage, she cannot claim permanent maintenance which can be claimed only at the conclusion of the trial.”
Under Section 24, the court can, in its discretion, grant maintenance to a spouse with no independent income while the matrimonial petition is pending.
In this case, the woman filed an application claiming permanent alimony of Rs. 25,000 a month and the same amount as interim maintenance.
She said she was forced to leave her job in August 2013 and had no source of income since then. She was totally dependent on the mercy of her parents and brother.
The husband who initiated divorce proceedings opposed his wife’s claim.
He said since he never objected to her working and she had voluntarily left the house, he was responsible to pay her maintenance.
He said his wife was employed and earned a sufficient salary to support herself, which she had not disclosed to the court.
Dr J C Vashista
(Expert) 05 November 2015
You have a very solid defence for declining grant of interim maintenance to your estranged wife, contest tooth and nail through a prudent lawyer.
There are number of judgments wherein educated wife (even if not working) is declined any maintenance, which your lawyer shall be able to produce before the court at the time of arguments.
Probably your wife must have filed her income, expenditure, assets and liabilities affidavit in terms of Kusum Lata Sharma's verdict, make a dent in the lies she had averred therein and submit application u/s 340 Cr PC, discuss with your lawyer.
If you feel you may contact at 9891152939 email: majjagdish@yahoo.com
Nirav
(Querist) 08 November 2015
Thank you everyone for your help.
I suspect my lawyer is wormingt with them to get more money from my side.
Can you please refer me a solid lawyer in Ahmedabad who could fight for me this DV case?
My contact number is 97129 59484.
V R SHROFF
(Expert) 08 November 2015
SUPREME COURT DISCOURAGE WIFE LEAVING JOBS, OR REMAIN UNEMPLOYED JUST TO GET MAINTENANCE FROM HUSBAND. THIS ACT IS ANTI SOCIAL AS INCREASE UNEMPLOYMENT, , HARDSHIP TO HUSBAND..
WHERE DID YOU FILE DIVORCE PETITION?? DELHI/ AHM?
Nirav
(Querist) 05 December 2015
Hello experts
I have one more query on same. I have 498a pending...interim maintenance and dv cases are also pending.I never appeared before court. My lawyers are going on each dates.
Question now is, while all these going on, can I travel abroad for my work? If I can give power of attorney to my lawyers and they handle all cases. I also filed for divorce and that too is going on.
this abroad travel is a part of my job and if I deny going I might loose my job as well.
please help..
