regarding inerim in 125crpc & 12 Of dv act

Guest (Querist) 16 September 2010 This query is : Resolved
sir i am student of M.C.A(MASTER OF COMPUTER APPLICATION)

my wife file a case of dv &125.she accepted that she has a plot of 50 yards in west delhi.

i have a proof that she is currently working in a watch company and also video and get income of rs.10000.

i am not working yet i am a student. i have not any piece of land on my name

i have a little daughter whom i paid 1000 per month.

is court allow maintenance for her ?

sir and she is saying in the court and in mediation that she wants to live with me

but i do not want him back

on the next date i.e tomorrow i have to give my answer in court that i want him back or not

i wnt to say no

but currently i am not in condition to give maintenance more than 2000

what i do to overcome from this problem
then what i have to say in court while she is saying to live with me while i do not want her back in my life

i have a slip of repairing watch given by her &i in her own writing and also the video of that time while my man giving to her that watch & taking the slip.is it valid to proof to proof her job

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Guest (Querist) 16 September 2010
please only expert lawyer give answer of my qeuery. pleaseeeeeeeeeee

Devajyoti Barman (Expert) 16 September 2010
If she is earning enough income for herself and you are taking care of the child, then the chance for her maintenance is negligible.
You can always refuse to live with her and tell the mediator the reasons also.

M/s. Y-not legal services (Expert) 17 September 2010
Very simple case.. Just you prove your case by the way as you are student, don't have any income.. Same time you have to prove that your wife is working and earning sufficient money..

M/s. Y-not legal services (Expert) 17 September 2010
For your information, EVEN a husband unable to maintain him self mean he can get maintainance from his WIFE. I don't know about your situation, cos you are student, she is working.. Something is wrong. Its ok answer is that only.

adv. rajeev ( rajoo ) (Expert) 17 September 2010
You have to produce the documents before the court that your wife is earning and getting salary monthly. If she is earning she is not entittle to claim maintenance.

s.subramanian (Expert) 17 September 2010
I agree with Mr.Barman.

Arvind Singh Chauhan (Expert) 17 September 2010
If these facts are true, she is not entitled to maintenance under 125 or in DV Act.

Guest (Querist) 18 September 2010
sir watch reciept and video of her during when she is writing on the bill and checking the watch and giving to repair man all is in the video. is it sufficient to prove. i have
also the recording of phone in which she is calling me and my parents by using filthy language(sexually).
she is older than me ab non out 12 years.and she was married with someone.
and no divorce was between them yet.only panchatnama by some people of village.there is no sign of her. only sign of some people ,that ex husband,and her uncle on the panchayatnama.
but she is accepting in the statement of CWC CELL that she is married with that person at the age of 14years.and.
divorced was made in panchayat.
is it beneficial for me or not
please give opinion as soon as possible.

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