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Harish (Software Engineer)     24 January 2014

Maintenance while 498a is on trial

My wife's side have asked for maintenance while trial is going on. The hearing is in March and they have asked for a settlement with lump sum to withdraw from the case. My question is can she ask for maintenance while the trial is on. She is a working woman and we don't have a child. We have been married for 4.5 years. Please advise what should be next step.

If I have to pay maintenance and if I win the case against my wife; can I get back the maintenance amount?



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 6 Replies

Laxmi Kant Joshi (Advocate )     24 January 2014

Harsh they are not asking maintenance amount they want to settlement the case after taking lump sum amount means they are ready for mutual consent divorce if you too be ready for divorce then go for it and give alimony as minimum as possible , if they demand more then don't give her a single penny as she is in early to get divorce negotiate it use the situation and try to get divorce without giving any alimony , as she is a working lady she is not entitle to get any maintenance amount from you . engage a lawyer for your case .

Harish (Software Engineer)     24 January 2014

If I understand you right, if I don't agree for a lump sum settlement and then they file for maintenance while the trial is on; then she is not entitled to get anything from me since she is still working. Can you let me know the corresponding IPC section which affirms this. The case is obviously false and I have evidence which includes bank statements and voice recording where she says that she will hurt herself and call police and put the blame on me. 

I don't want to go for settlement and hence wanted to know about maintenance while trial is still on.

2BHelpfull (Other)     25 January 2014

maintenance while trial is still on.

IT IS KNOW AS INTERIM  MAINTAINANCE.

 

 

MAINTENANCE IS DECIDED ON BASIS OF STANDARD OF LIVING OF THE HUSBAND .AS SHE IS WORKING , MAINTENANCE MAY NOT BE ORDER OR IT WOULD BE OF LESSER AMT IT IS DISCRITION  OF THE COURT TO ORDER MAINTENANCE  OR NOT.
 

 WHAT DOES YOUR LAWYER HAS A SAY ON THIS?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     25 January 2014

Dear Harish,

Working woman is not entitle for maintenance. She must have filed petition under section 125 Cr.P.C. Don't go for any settlement. you can win easily as you have to prove only that she is working and earning handsomely and maintain herself. 


Rajiv Bhasin 

BHASIN LEGAL CONSULTANTS 

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     25 January 2014

Dear Harish,

Working woman is not entitle for maintenance. She must have filed petition under section 125 Cr.P.C. Don't go for any settlement. you can win easily as you have to prove only that she is working and earning handsomely and maintain herself. 


Rajiv Bhasin 

BHASIN LEGAL CONSULTANTS 

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     25 January 2014

Dear Harish,

If your wife is ready to settle all the matter then you have to pay some amount to her for full and final settlement towards istridhan & present and future alimony whatsoever is decided. mind it settle it before the court / mediation centre only with condition that she will cooperate in taking divorce as well as quashing of 498a ipc dowry demand FIR.

 

Rajiv Bhasin 

BHASIN LEGAL CONSULTANTS 

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com


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