Hi All,
Today arguments were made on DVC interim maintenance. Here is the sequence of events that happened so far.
1) I got summons on DVC on Aug 12,2013.
2) Immedidately, I put lawyer and went to court clerk and saw the DVC file.
I saw MM Judge passed interim order 8,000 per month without my knowledge on Oct 2012.
3) It has been mentioned that respondent didn't file counter and hence passing the IM order.
4) This happened in Oct 2012.
5) I never got any such order or summons. When I asked bench clerk, he told that
it was practice of MM Judge to pass interim order in DV cases, I am not the first one.
6) I got Summons to attend court (I had a copy, on Aug 12, 2013).
7) Since order passed in Oct 2012, I was asked to pay arrears around 96,000...
8) In between, Judge got changed and new Judge came into picture. He told he cannot over rule previuos Judge order as both are at same level.
9) I went to high court for an appeal on Interim maintenance, which is 8,000 per month.
10) High court directed trial court to reconsider my proofs and asked to issue new fresh orders based on evidences on IM.
11) New Judge set aside previous Interim orders based on high court direction.
12) I submitted all evidences of her income 40,000 per month for last 3 yrs, 26AS from IT. No kids for us.
Today arguments were made on Interim, Judge considered all my proofs and opposite lawyer told that she is not having any Job.
Judge agreed with my 26AS where TDS and other details show her income as 40,000 per month
and Judge agreed that she is working and getting income.
Her lawyer told I get more income but they failed proove in the court.
Judge told that 40,000 is sufficient enough to maintain as there are no kids.
Her lawyer told my income is more that 40,000. Judge told that burden on them to proove my income and asked to submit my salary details with paper proof on next date in Feb 2014.
As of today, they don't have my salary details and I get 50,000+.
My questions are,
1) Even if I get more than her income which is 50,000+ how does it matter to them? She herself getting 40,000 and it has been prooved and Judge admitted my proofs and agreed she is having source of income.
2) 99% she cannot proove my income (Paper proof) and even if she prooves in the court (In the worst case), will there be any maintenance to her? She herself asked 20,000, but she is getting 40,000 as per 26AS.
3) I am asking my lawyer to argue only on her income that is 40,000 which is enough to maintain and no need to look at my income as there are no kids.
Please provide your inputs..
Thanks,
Raja
