ankurgupta 03 May 2015

Dv maintenance! please help with judgements in similar cases

Hi,

It is surprising that there is no clarity on how the maintenance is decided yet. Not even on.. If its really awarded to ladies who are well able to maintain themself.
In my case, Wife filed domestic violence in Delhi court and date for interim maintenance falls next month.
She has submitted affidavit to court stating that she is postgraduate and earning a handsome 50K per month.

I working with a private services firm and earn around 90K per month.. I have my parents (retired) dependent on me and housing loan for which there is an installment of 28,000 each month.

Its a two year old marriage with no kids. She has asked for 25K maintenance per month and 25K for seperate rented accomodation.

Can someone please advise based on basis of personal experience if maintenance is awarded to a Wife who is earning well, is a post graduate and able to well maintain herself?

Some people say "its not awarded to well educated and earning wifes", some say "its awarded but less in amount".

I am really confused how it is decided and how to ensure she gets zero maintenance.

Kindly help with your experiences and judgements.

Thanks.

Reply Follow

5 Replies

Samir N (General Queries) (Business) 03 May 2015

If you are from Delhi, there is a whole list of cases from one Justice Dingra of the Delhi High Court which are pro-husband in DV and maintenance cases. I must admit that I remember this from some years back when I was fighting my own cases. I hope that I got the name right. Just Google and check... Also, in general, when it comes to maintenanece in cases such as yours, you need to be more accounting savy then legal savy. Try to present income and expenses in detail for both parties, styles accustomed to while you are together and qualification/current-income of both at this time. Press your legal arguments with support from these financial facts.

adv. rajeev ( rajoo ) (practicing advocate) 03 May 2015

If wife has got independent income, maintenance won't be awarded. Contest the case

KarmaHaunts2015 (owner) 04 May 2015

Wife has filed DV, so apart from monthly maintenance she is also asking for accomodation rent. Will rent component also be denied for working and capable wife ??

Y V Vishweshwar Rao (Advocate ) 04 May 2015

submit Your Income & Expenditure and Income & Expendture of Petitioner beofre the Court . It is the Inocme who are getting more- after reasonable expenditure & Deductions - LIC , Health Care and Health Insurence , House Loan Installments and all other already legally/ other wise acceptable commited Monthly Payments /Saving /Prized & Non Prized Chits / etc . No court will say that Parents are not required to be mainianted by You and reasonable Saving/Paymnets already commited . All your reasonable expenditure to be projected properly and submit that no maiantancne is requried to Petitioner !

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 19 October 2015

the court will obvioulsy consider ur deductions/EMIs &liabilities and responsibilties etc. There are so many judgements against the working women or other. U can contact me at 09871158578, if required.