Querist :
Anonymous
(Querist) 04 August 2023
This query is : Resolved
I had filed for divorce from wife few years back and last year court asked to furnish assets and liabilities details. I had submitted my bank and employment details in the court. My wife qualified as BA had a bank account but did not disclose in the asset form. Job details also she said not working and is a house wife. I am not sure if she working or not before filing the asset form. Court awarded her a handsome maintenance. After that she has taken up a new teaching job in a school which I am aware of.
What are the legal ways to prove in the court that she is working now and capable of earning for herself.
T. Kalaiselvan, Advocate
(Expert) 04 August 2023
The maintenance amount was granted by court on the basis of her employment./income status at the time of filing the application for maintenance. The employment now she is into is a subsequent development hence you cannot do anything about it neither you can ask the court to set aside the original decree. However you can file a revision petition to review the orders of the trial court granting her maintenance and also to reduce the quantum based on the facts and merits in your side. You should prepare grounds to show that you do not earn the income what has been falsely projected by her in her application for maintenance.
Querist :
Anonymous
(Querist) 04 August 2023
Thank you sir for the reply. My income details I had already submitted to the family court. Earlier after family court order we had approached high court for revision where the judge even without looking into our application said he will not reduce the ia. So we took back the case. Wasted few lakhs there in filing the case. Now doubtful of approaching hc again. My only point was now she is working so court should reduce the ia. What are the legal ways of gathering evidences of wifes job.
Advocate Bhartesh goyal
(Expert) 04 August 2023
No,your wife is entitled to get maintenance .She was not earning at the time of filing petition so Court's order is perfectly valid and based on her unemployment Besides this if her earning is not sufficient to maintain her or employment is not permanent then also she is entitled to get maintenance from you.
kavksatyanarayana
(Expert) 04 August 2023
Yes. I agree with the advice of the expert Mr. Bhartesh Goyal Sir.
Dr. J C Vashista
(Expert) 05 August 2023
Well advised by experts, I concur. You have stated to already have withdrawn appeal in High Court, implies award attains finality, which you will have to pay.
T. Kalaiselvan, Advocate
(Expert) 06 August 2023
It appears that you are ready to spend lakhs of rupees towards the appeal/revision whereas you are not willing to pay the amount ordered by court, however please note that the court has passed this order as an interim maintenance and not a permanent maintenance amount. So, you can get the case disposed expeditiously so that you do not have to pay any maintenance amount post disposal of the case.
Querist :
Anonymous
(Querist) 06 August 2023
Thank you all for the replies. Sir I am already paying wife the ordered amount. As I can understand from replies here and my own lawyers suggestion that wifes recent job status will help in permanent maintenance reduction not in interim as she is capable of earning. Before filing the case Kalaiselvan sir I had got paid consulting from you too.
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