Balasubramanyam (Manager) 23 July 2014

Regarding interim maintainence

Hello everybody,

My wife has applied for divorce in March 2012 and the case for IA has not come up at all for hearing till now. The IA case was filed in Oct''2012. In the meanwhile I have come to know by my wife's own admissions to my cousins who had gone to talk to her about a patch-up that she is doing some business of making craft materials necessary for marraiges (it is a traditional item) and keeps visiting Bangalore which is my home-town. She has petitioned that she is dependant on her father's income and since he is retired she has claimed 50k as maintainence citing my salary as 1.5 lakhs per month. Actually I earn 45k/month.. My query to you Sirs is

1. Who's is put to proof to prove that I earn the income claimed?

2. How can I inform the court that she is earning an income where the payments are by and large by cash and I cannot prove the same?

3. She has often been spotted with some people in Bangalore, Mysore and even Tirupathi. How could a woman who claims she has no money for herself be visiting all these places?

4. She also had a history of employment and is capable and educated enough to earn her living to the tune of Rs.25k/month. How do I make this point across to the court?

5. Does accepting to pay Interim Maintainence amount to accepting dissolution of marraige?

Please answer my queries and help me.

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2 Replies

Adv k . mahesh (advocate) 23 July 2014

1. Who's is put to proof to prove that I earn the income claimed?

you have to file your part of payslip to prove that you earn only 45k and to defend her prayer

2. How can I inform the court that she is earning an income where the payments are by and large by cash and I cannot prove the same?

her bank statement or any payment slip she is getting through any business transaction

3. She has often been spotted with some people in Bangalore, Mysore and even Tirupathi. How could a woman who claims she has no money for herself be visiting all these places?

you can show them

4. She also had a history of employment and is capable and educated enough to earn her living

to the tune of Rs.25k/month. How do I make this point across to the court?

may be previous she is working but now she is depandant as per her version

5. Does accepting to pay Interim Maintainence amount to accepting dissolution of marraige?

maintainence is only payment for her monthly get doing without staying with you and it is your responsibility till divorce decree is granted or any patch up is done

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 24 July 2014

Dear Querist

my opinion on your queries are as under:

1. Who's is put to proof to prove that I earn the income claimed?

opinion: she has to be proved your income but if you admit your current salary then the court will consider the same.

2. How can I inform the court that she is earning an income where the payments are by and large by cash and I cannot prove the same?

Opinion: you may approach to court for detailed affidavit as per the judgment of Puneet Kaur vs Inderjeet Delhi High Court.

3. She has often been spotted with some people in Bangalore, Mysore and even Tirupathi. How could a woman who claims she has no money for herself be visiting all these places?

Opinion: you may raised these questions at the time of cross examinations.

4. She also had a history of employment and is capable and educated enough to earn her living to the tune of Rs.25k/month. How do I make this point across to the court?

Opinion: when she filed her detailed affidavit then she has to be mentioned all her detail as well as you and the court will consider the same.

5. Does accepting to pay Interim Maintainence amount to accepting dissolution of marraige?

Opinion: No, it may not be

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