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modi sachin (individual)     03 December 2017

Double maintenance

I am paying maintenance in D v case from 3years . Wife also demanding maintenance in divorce case which was filled by me. She also accept in all reply of court of taking home tuition and diploma in child care. But she tells she not done B Ed. Course for which she not getting job. Can double maintenance can be allowed in divorce case or not ?


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 6 Replies


(Guest)

Yes, can be allowed.  You are already paying.  The point is, she is private.  You cant trace private ppl income, even if they are earning handsomely.  This will continue till the day you die or she dies ie paying maintnence to her.

 

N.K.Assumi (Advocate)     03 December 2017

It depends on the nature of your first order of payment in DV proceedings, which I believe is interim maintenance.

Vijay Raj Mahajan (Advocate)     03 December 2017

Even though there is another order for maintenance u/s 24 HMA (interim maintenance) made by Family Court while a similar maintenance is being allowed under the DV Act by Magistrate, the amount of maintenance that your wife gets will be one only which ever is higher.

Kumar Doab (FIN)     03 December 2017

You can benefit from the advice of Mr. Vijay Raj Mahajan.

 

Kumar Doab (FIN)     03 December 2017

A private tutor may earn equal to or even more than that of  teacher.

Hope you could prove the earnings.

modi sachin (individual)     03 December 2017

Wife accepting she done diploma and taken tuition earlier and I forcly stoped her tuition. It means she is experienced teacher and today may be take tution or can take tution. But sitting idle for taking money from husband. It is not right. Why court not understand this.or what should I do to stop maintenance.

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