Maintenance
Vijay Kumar
(Querist) 20 November 2012
This query is : Resolved
My wife had filed 498A and after 10 months she filed DV sec 20 and seeking maintenance. My parents received summons on DV and i am yet to receive it. i have decent income all these months i some how managed at office to attend court 1000 kms away. now they asked me resign. I am planning to switch to a low paying job to sustain myself. In the above situation while passing interim/maintenance decree does they look my previous income or my present income and arrive at one figure. I am worried now,if they asked me to pay more money , i cant afford to get back high pay job with these pending court cases.
ajay sethi
(Expert) 20 November 2012
is your wife working ? what are her qualifcations ? what is maintenaceamount claimed by her ? what is your income?
Vijay Kumar
(Querist) 20 November 2012
I am a graduate and she is PG she is earning around 15000 and i was earning 40K earlier and had to resign and there after i have to take some low pay job...not sure , how much i could earn from now ...
Vijay Kumar
(Querist) 20 November 2012
she was claiming 20K and asking to handover gold worth 15 lacs(wrong accusations,they openly told us that they will say it is ancestors gold which we hve given to you,when asked for bills ), which is not true and we dont hold any of it.
V R SHROFF
(Expert) 20 November 2012
As she is earning, once you prove it, she cannot get any maintenance.
Dv u have to defend ur self,
Can ger permanent exemption 4 ur parents u/s 205 cr pc
u claim that u r not earning as mentally disturbed, and they asked my resign.
ajay sethi
(Expert) 20 November 2012
if she is well qualidfied and earning rs 15,000 a month and you are presently jobless you wont have to pay her any maintenance . as fr as gold is concerned burden of proof is upon your wife to show that gold worth rs 15 lakhs was ahnded over .
Devajyoti Barman
(Expert) 20 November 2012
The court would consider your current income only, not what you would earn earlier.
Raj Kumar Makkad
(Expert) 22 November 2012
Your previous income has nothing to do while deciding the interim maintenance and moreover, she shall not get even a single penny under the head maintenance as she is serving and earning huge income.
