Interim maintenance to working woman
KIshan
(Querist) 28 January 2016
This query is : Resolved
Presently my son lives in Singapore. His wife lodged sec 12 DV Act complaint against him in Saket Court Delhi. The Court has ordered for grant of Interim Maintenance to the tune of Rs.100000 to her and 40000 to their son despite of the fact that she is working andd earning more than Rs. 65000/ pm. Brief facts are:
Before marriage which was solemnised on 15/2/2005 at Bikaner Raj, both husband and wife were working in Banglore. After marriage they continued to live there and lateron sifted to Singapore in June 2006.A male child was born to them on 9/5/2009, in India.
Due to matrimonial difference, wife came to her parental house in Delhi on 22/6/2011 and started working there . On 1/12/2012 she lodged sec 12 DV complaint.
On 22/5/2015 the MM ordered interim maintenance by converting his singapore income into Indian currency and ordered almost 1/3 of this as interim maintenance without giving any consideration to his genuine expenditure, parental liability and cost of living in both the countries. The complaint number is registered as No CC 1488/2012 in the court of MM Shivani Chauhan , Saket Court Delhi.
My son went into criminal appeal no 181/2015. The appeal was under arguements for four dates of hearing. on 2/11/2015 the ASJ , Lokesh Kumar Sharma ordered for paying 50% of child maintenance in the form of FD in the name of child , which has been done.
Strangely the woman has approached H C Delhi vide Crl.M.C. 5058/2015 and the court has stayed hearing of appeal next date is 3/3/2016.
Do not know what next . please advice
Devajyoti Barman
(Expert) 28 January 2016
Without prima facie proof of income of wife the maintenance of wife can not be avoided.
Since the MM has already passed an interim order , prefer an appeal in sessions court and if you could show her professional aptitude and income then certainly her maintenance would be set aside or at least altered.
Rajendra K Goyal
(Expert) 28 January 2016
Go for an appeal and try to get stay on the existing orders.
A. A. JOSE
(Expert) 28 January 2016
You may have to engage a Lawyer in the Delhi High Court and get the stay vacated early. Produce concrete evidence regarding the salary,other income,employment proof,etc., of the enstranged wife in the pending proceeding.
Kumar Doab
(Expert) 28 January 2016
Engage an able counsel and provide all details and record and proceed as advised by experts.
SAINATH DEVALLA
(Expert) 29 January 2016
Why was her standard income not proved initially with evidence?