amit8 (abcdef) 13 July 2014

Dv act maintenace working wife

I stay out of india. wife filed dv act , filed interim maintenance . mentioned that she is not working. I filed crpc 91 , she replied with her salary slip.( she is well educated and working) interim maintenance got rejected. I filed perjury that she lied that she is not working. she replied that her lawyer misguided her , she did not read the petition so she changed the lawyer. now in final argument , wife claims that my salary is much higher than hers.10 times her salary in india. she has not been able to prove dv she is asking maintenance as per my living standards and salary. without proving any dv , and she is india and I am abroad ,also by hiding the fact she is working , is she liable to get maintenance in dv act ?

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7 Replies

Laxmi Kant Joshi (Advocate ) 13 July 2014

If she is a working lady and getting handsome salary in India then court can reject her maintenance petition , but if she is getting less salary and her living standard is below as before dispute then court can grant her maintenance amount .

amit8 (abcdef) 14 July 2014

But if she has hidden the fact that she is working , and gave her salary slip only when i filed crpc 91.

based on it interim got rejected

so does that not have any effect ??? , a person who comes to court with unclean hands still can get relief ?

Also if no DV has been proved ?

so whats the meaning of asking maintenance in DV case ?

amit8 (abcdef) 16 July 2014

Has anyone got the maintenance denied due to DV not proven or unclean hands ?

amit8 (abcdef) 06 August 2014

are there any judgements where final maintenance in DV is denied fo working wife as no Dv has been proved and wife hid the fact that she was working .( even if husbands salary is higher than wife's)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 07 August 2014

There are many, all CrPC 125 judgments would apply.

Regards,

Shonee Kapoor

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amit8 (abcdef) 08 August 2014

Thank you shonee ji, But in this case can court grant maintenance regardless the salary of husband ? came to court with unclean hands & no dv proved .