my wife put 2 cases against me 1. crpc 125 & 2. D.V. Domestic voilance.
Please suggest me on which ground level i could stopped maintenance to her
Narinder Kumar 29 May 2018
my wife put 2 cases against me 1. crpc 125 & 2. D.V. Domestic voilance.
Please suggest me on which ground level i could stopped maintenance to her
Narinder Kumar 29 May 2018
Vijay Raj Mahajan (Advocate) 29 May 2018
For defending maintenance petition of the wife, you need to state and prove her source of income through employement or business or through property owned by her. her bank balance as in saving or fixed deposites, shares and stocks in companies etc. The wife who has sufficient means to maintain herself will not be allowed maitenance. The previous income or jobs done by wife will not debar her from claiming maintenance if she has no present income.
Income and financial status of both husband and wife taken in account by court to decide the maintenance for wife. Go with clean hand in the court to show your correct income and expenditures and insist the same from your wife in the court proceedings.
Adil Khan 29 May 2018
Aman chawla (DELHI HIGH COURT ADVOCATE) 29 May 2018
So according to section 125
In the following circumstances the women will not be entitled to maintenance or interim maintenance or if the order of maintenance is already made by the magistrate the same could be canceled:
1.when the women is living in Adultery,
2.When the women without any sufficient reason refuse to live with her husband,
3.When the woman is living separately by mutual consent.
And if nothing applies in your case, then you need to prove her source of income.
Regards,
Aman Chawla
Narinder Kumar 29 May 2018
Narinder Kumar 29 May 2018
Narinder Kumar 29 May 2018
Narinder Kumar 29 May 2018
Aman chawla (DELHI HIGH COURT ADVOCATE) 30 May 2018
Put that ITR's and certificate on record. make a request to a judge that she is capable women and able-bodied women as she was earning before and now she has left her job voluntarily.
Her written letter is of no use as she may say that you have constructively deserted her. (Means you harassed her so much that she left with no option except to leave the house)
But still, you can give a try by putting that letter or written in your reply/application. Hire a local lawyer he/she may know how to mold things in your favor.
For any further advice, you may contact me
Regards,
Aman Chawla