498_final stage (Professional) 29 August 2013

What kind of evidences are accepted in the lower court?

Hi, I am fighting a 498a and DV case against me and my entire family. I am now at the evidence stage of DV case. I was asked 40 Lakh Rupees in the 498a mediation which I refused.

Now I have heard from the lawyer that some documents are submitted in order to prove that I make a lot of money in $$$$ and I should give her a maintenance amount of about 50K per month.

I have evidences about her employment where the girl is making about INR 70000 PM + some freelance contracts which get her about 10 to 15K a month.

For salary I have details. But for freelance account - how to show that to the court that she is making money from some other source as well??? Kindly suggest.

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4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 30 August 2013

If you can prove that she is earning 70K, then she would not be entitled for any maintenance. Why bang your head for additional proofs.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

498_final stage (Professional) 05 September 2013

Dear Mr. Kapoor,

Is there any judgement you could refer where wife is earning enough (even when husband lets say is earning more than her) and court denied maintenance in DV.

What other points are argued in DV cases? i have heard it is mainly for making money and shelter.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 September 2013

Dear Querist

its depend on your case, facts and allegation, proofs, your income, your status, etc.............................

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 10 September 2013

Judgement from which HC?

There are hosts of judgments posted in the judgment section of forum.498a.org that if the lady is earning enough for her own maintenance, she is not entited to maintenance from the husband.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.