Wife demands 35 lakh cash & a 1bedroom hall kitchen aprt

Dear Querist,

Based on the factual matrix mentioned by you, the wife is not entitled to claim anything considering the fact that she is self-sufficient. She is asking for the moon when she is not entitled to get a grain of sand. Maintenance law is based on the premise that the spouse who is self sufficient should not shirk his/her duty of maintaining the spouse who does not possess sufficient means to maintain himself/herself. The husband might have to pay interim maintenance during the pendency of the case but in long run the wife is not entitled to maintenance since she is earning a good enough amount to maintain herself on her own without any financial assistance from her husband.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792

The wife is willing to waste time of long run becasue she has her daughter's custody and is saying that she is not interested in remarriage. Demanding this obscene compensastion is way of extorting either money or making the husband resort to legal battle-so either husband looses obscene sum of money or loses his precious years in court.

The husband has to decide the recourse and channelise his energy towards it.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792

Don't worry, if you can prove her earnings and assets she won't get at thing.

Only child will get some money. But you can ask for custody and if she denies request court to share child's expense also.

Also try to collect her salary evidences, don't worry how much IT she is filiing, try to collect evidences of her expenses i.e how much rent she is paying, how much she is charging to patients etc. based on that you can prove she is earning well and also inform Income Tax about tax evasion.

why are you scared to spend years in court...........No decision will be immediate first of all without the court giving both parties sufficient time to adduce evidence.....your wife wants u to break down & give her  ab big payment..........FIGHT......................

There are various judgments wherein a working wife cannot be entitiled to that huge maintenance..............Have faith ...............on what basis can she claim a flat..........she has no right on ur parents proeprty till they are alive..Consult a good & shrewd lawyer who will show u the right path.....Dont give up as its common everywhere..........

-She is not entitled to maintenace or any compenstation as she is self sufficient and able bodied. Collect all income related evidences

-She is not entitled to any property too

-You may have to pay some money for your kids maintenance.

-Try to fight for you kids custody if she is using the kid as the pawn.

-If you are very excidted to get remarried then pay her ransom or else fight it out.  

Salute your wife with the middle finger and FIGHT BACK !!

 I have her visiting card where in her clinic address and her qualification as a doctor are mentioned. 

She has her own practice from rental clinic-so obviously she doesnt have any salary slips. As regards her income proof,i have her Income Tax return of one year wherein she had filed with income of only 3.5 lakhs. I also have her hand written diary wherein she used to record her daily cash collection (from clinic practice as well as referral fees from other specialist doctors and pathology labs) and her expenses ( monthly rent, telephone expense, petrol, medicines etc) but then her name is not written on diary.

A big worry is she can say in the court say  that "i am shutting down my practice and am going to sit at home to devote full time and care to upbringing of the daughter-so i wont have any income" 

As regards fighting for child's custody-is it realistically possible that court will give custody of a 2 year girl child to father? If yes then nothing like it-its heaven on earth, but weaht if court doesnt give cusotdy to me and it remains with wife-then can she try to inflate future expenses of bringing up the child, so as to extort maximum money from me???

If your in a hurry to remarry then she can do lot of things like inflate expenses etc . Laws and society favour women untill you fight back.

IMHO, 3.5L income tax is lot of money so you should fight tooth and nail to nullify any grant of maintenance.

You can say that she is already a busy person so can't take care of my kid etc etc. Talk to couple of lawyers and start spending time on this forum, you will get lot of points that can apply to your scenario.

3.5 lakh is amount of income declared by her and on that she has paid a tax od approximately 17000, she has not paid total tax of 3.5 lakhs. Anyways her annual income is approximately 13-15 lakhs, but since everything is in cash she declares only minimal amount, while i am salaried person working in a audit firm, so my entire income is in legal domain and is fully taxed.

Even if she shuts down her clinic and stays home,she would not be entitled to claim maintenance in view of her educational qualifications. It is the earning capacity of the wife and not whether she is really earning that has to be seen and which is germane to decide whether she is in a position to maintain herself on her own. If the wife has sufficient educational qualifications and can easily get a job for herself but is deliberately not working only in order to extract money from the husband, she does not fulfill the criteria for making the husband liable for alimony.

Keep all the documentary proofs in her writing safe with yourself to canvass you point before the court. They would help.

You may get the custody of the child if your case is contested well before the court. Welfare of the child is the premise on which the decision of custody is to be based.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792

@doesn't matter

Even 3.5L/yr i.e ~30k/month is a lot of money.  So just collect all the tax doc, edu'n certifcates, bank details etc etc. Just need to fight yaar, there is no silver bullet. Its all about being as stingy as possible or else wife will treat u as a free ATM.

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Employed wife : NO maintenance u/s 125. Even though wife’s salary is only Rs 2200/- p.m

Uttaranchal High Court

Smt. Archana Gupta & Another vs Sri Rajeev Gupta & Another on 18 November, 2009

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Revision No. 201 Of 2006

Smt. Archana Gupta & Another ………….. Revisionists.

Versus

Sri Rajeev Gupta & Another ………….Respondents

Mr. M.K. Goyal, learned counsel for the revisionists. Mr. Rakesh Thapliyal, learned counsel for respondent no. 1. Mr. S.S. Adhikari, learned A.G.A. for respondent no. 2.

Dated: November 18, 2009

Hon’ble Alok Singh, J.