Maintenance case

Dear Sachin, 

I am not a qualified professional and my comments are out of my personal experiences only..

1. Ask her to disclose her income on oath in court. You have to invest one day to find where is she working (by working as a detective) and than your counsel can send a legal notice to her office for her salary.

2. Although one who has left the company of his/her spouse without any reason does not get any maitenance, however in your case since you have filled for RCR she would have filled Sec-24 for forcing her into legal procedings. So in this case you have to pay maintenance/legal expenses or she can even ask the Hon. court to stop RCR proceedings till maintenance petition is not disposed.

3. Her present income and your present income will deciede the maintenance, however since she is capable to earn herself court may be lenient and award a modest amount if she is not working presently.

4. Stredhan if in liquid form (FD, cash, securities etc) will be her property. But understand it is not her income, just property, which you should defintly put in front of court and try smartlly to prove it. This will help you later if god forbid you file for a divorce.

5. She can ask anything, court will analyse both incomes and will award a logical judgement.

Below are few points which may sound little funny or waste but I am sure they will help you,

a. Dont wear flasshy, branded clothes/shoes/watch, be very very normal...The Hon Judge notices everything.

b. Be very polite and soft, never loose your temper. 

c. Never reach late on your date.

d. Respect and oblige to everything your Judge speaks, never interupt in proceedings and if you want to say something first take permission from Hon Judge.

e. Dont lie on things which can be proved.

Try to convince your wife yaar, all this is very painfull and depressing...Best of luck.

There are lots of learned members who will surely help you better..

Dear Sir,

If the woman is hiding her incomer, its also a part of the crime You can move to any time to the court with evidences on your hand for quashing of the previous order

You can make use of the RTI which is the easiest method of knowing this

If your wife has filed the case of mainatanace under provisons of HMA. yoU ALSO HAVE THE RIGHT TO CONTEST HER PETITION ON THE GROUNDS WHICH YOU THINK IS APPLICAPBLE SUCH AS HIGH INCOME PROPERTY

you may not get the full relief but there is the quantum of the relief can be provided on the circumtances specified on your petiytion

You also have the Opp to challenge it befotre High Court. If you think that court has not consider youyr pleas or there is error on the records

If you have already filed the RCR , your plea will be entertained and you will not have to pay anything for her rent expense as the court directs to joun you or else it will pass the decree .if she refused to comply the decree then it is strong ground for divorce

If she has 50 laks of the property and you are unable to meet the requirement. You can fiule the reply with supporting documents that You are not in position to pay and NO COURT IN INDIA COMPEL ANY HUSBAND TO PAY THE MAINTANACE AMOUNT TO HIS WIFE EITHER BY BEGGING OR BY TAKING LOANS IN ORDER TO SATISFY HER REQUIREMENT AS LAW DOESN'T PERMIT AND THERE IS NO DISCRIMINATION AMONG THE SEXES

Hope lady legal professionals to agree with this