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sohel (Querist) 20 August 2014 This query is : Resolved
Sir,

I am living in Nashik city & My wife filed DV case in Mumbai court .She asking the maintenance to me in DV. I have one son now my son with her in his parents home in mumbai. My wife not educated and job less .

My salary per month near 70k after all expenses i save only 10 k .

Now my wife mention his DV maintenance apply for 40k per month .after DV filed i have also file Divorce case in Nashik city .so then my wife apply to High court for transfer the Divorce case in Mumbai .so my question is

1.How much court consider maintenance to my wife . I don't want to give signal money to her.

2.Can he possible to transfer divorce case in mumbai. My Marriage place in Nashik and she live with me in nashik . Other she is parents home in mumbai city.she born & bout-up in mumabi city.

3.Also before Divorce filed i am going to her home for 1 day but not stay in night . so she told High court .. our last residing in mumbai & court accept this .

please advice.
Sohel

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Devajyoti Barman (Expert) 20 August 2014
1. If your wife is unemployed, you can not avoid payment. The same is between 1/3 to 1/5 of your probable income.

2. Chances are bleak.

3. Rightly so.

ADV-JEEVAN PATIL, MUMBAI (Expert) 20 August 2014
Chances r both of paying maintenance n transfer of case. U may strongly resist.

Rajendra K Goyal (Expert) 21 August 2014
Maintenance has to be provided 1/5 or 1/3 of your total income, depends upon the decision of the court.. Generally the case are transferred at the request of the wife. staying or visit to her home may not effect the transfer of case to Mumbai.

sohel (Querist) 21 August 2014
Sir,

Thanks for guidance..

Wife told a court to asking my Salary slip & bank a/c & my last 3 yers IT Return copy.also she want sing a affidavit we don't have any property in my name .

1.I don't want to show him my any salary slip & bank a/c & IT Return . what i do ..how can avoid all this . I am private company employee

2.Can i sing a wrong affidavit in court. ?

ajay sethi (Expert) 21 August 2014
1) if court passes orders you have to produce your 3 years IT returns . salary slip to enable court to determine amount of maintenance payable to your wife / child

2) dont suppress any facts from court . never give false affidavit on oath

Devajyoti Barman (Expert) 21 August 2014
1. You can avoid but then the court may take adverse presumption.
2. I can not advise filing of wrong affidavit.

Shonee Kapoor (Expert) 21 August 2014
I am in complete agreement with the experts.

Regards,

Shonee Kapoor
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