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(Guest)

498A Case

In a 498A complaint my wife has stated that all her streedhan has been kept by us though she took everything with her. I want to know what is the procedure in court to prove that its not with me....as I actually dont have it. one more thing If she files a DV case and pleads interim maintainence though she is working what is the basis the court decided the maintenance I earn 23k approx so wld it be 1/3rd of it. Can she demand a accomodation too I dont have any house of my own I live with my parents. Pls Advise..


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 3 Replies

RUPESH SHRIVASTAVA (Chief 09827932335)     17 July 2010

your wife is entitled for maintenance  if she is not capable to maintain herself, if she is working she is not entitled to get maintenance from u. first u appear before the court and than proved it.  secondly  she is not entitled to any Accommodation if u have not. 


(Guest)

You have to show that your house is not your own but your father.

For streedhan its a matter of evidence.If there is no legal evidence adduced  in support of  the charge,ythe court may quash proceedings.Mere alllegation does not amount to an offence.

If she files a DV case and pleads interim maintainence ,you have to show your wife"s salary slip  so to reduce maintainence. Maintainence can be given on the basis of husband income, his life style,his position in societyetc.Court when making an order for maintenance in favour of a wife under s. 125 of the Code of Criminal Procedure ,the court has  to take into consideration the personal income of the wife.

Check CITATION  1960 AIR  862    1960 SCR  (3) 311


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