Maintenace

g mohammad imran (Querist) 20 April 2015 This query is : Resolved
Sir,

I marry on 24.02.13. She live with me only 06 months in these also she stay maximum time her mothers house. and she filed 498a, dowry cases in another place where we cant marry, she cant live and both not start live in that place, Its completely not aware of that place. Now 11.04.15 she put maintenance case where we marry and where she lives.

Now i am asking you i am getting below 20000/- and i have see the my parents (both are old and taking medicines nearly 7000/-), maintenance of house. Can you all please explain me how to face these and how to calculate amount by court. I am not able to pay her its very burden to me.

My wife is educated she complete MCA.

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M.Sheik Mohammed Ali (Expert) 20 April 2015
you can give all the expenses statement to the court, the court will consider, if you want living with her, immediately file RCR case,

SAINATH DEVALLA (Expert) 20 April 2015
Go for RCR. Engage a competent lawyer.

Rajendra K Goyal (Expert) 20 April 2015
Entrust a senior lawyer and defend the cases against you. After filing all these cases reconciliation is doubtful.

T. Kalaiselvan, Advocate (Expert) 30 April 2015
If she has filed the maintenance case, it is her burden to prove your income, you should not voluntarily disclose your income. You can challenge her claim by presenting before the court the expenses and other commitments you have through your salary.

g mohammad imran (Querist) 01 May 2015
Dear All,

Thanks for your suggestions. And I fill glad of these.

Now i want to discuss with you all that " she before worked for flipkart can i take her details with flipkart and how i proceed with that company above these, means her job and salary because she well educated and she able to job and she filled these for torture to me and my family.

For me only income source is job but she filled i have lot of sources and property with out evidence of all that. Is possible for any person says like these. And my father have one house my mother have one site at village thats all i have one brother and two married sisters.

Please clarify above.

Thanks.

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 May 2015
1) You should contest the case on technical issues with the help of a competent advocate.

2) She was working or is qualified will not work to avoid maintenance.

3) Even properties may be in her parents names so this will also not help.

You and similar cases like you can avoid maintenance on technical issues such as one given below form a HIGH COURT judgment.

One of the recent HIGH COURT JUDGMENT says-

Indeed, it is clear that all the courts have held that the respondent no.1 had been staying separately from the applicant without any just or sufficient cause and that, therefore, she was held to be not
entitled to get any maintenance under the provisions of Section 125 of the
Code. The findings of the Civil Court in matrimonial matters have also
gone against the respondent no.1.

g mohammad imran (Querist) 06 May 2015
Dear Sir,

I want to know some doubt on above maintenance case.

1. My wife showing my monthly income above Rs. 50000/- and asking monthly 25000/-. Now i dont know from ever she bring these income. Mr. kalaisevan sir suggesting dont disclose my salary. But I am monthly salaried employee in private company. My salary is Rs. 19500.00 there is any chance to court ask to company show the muster roll.

Thanks.
Imran

SAINATH DEVALLA (Expert) 06 May 2015
Imran,

Mere showing UR income is 50,000 is not a valid evidence,she has to substantiate it documentary evidence.Submit UR salary statement to the court,the court will take it into consideration.

g mohammad imran (Querist) 19 June 2015
Dear Sir,

Once again thanks for your valuable suggestions. As per my above mentioned details now court say intermediate award to my wife 25000/- per month. Now my lawyers saying to go high court and take stay order on the orders.

Now I am confusion on how court says without check my status. Some one says me court given judgement on some other cases no need to give intermediate award to ex party, its true and one of another lawyer saying your not in government job so you can file now you are not working any where and bring resign letter and re-leave letter with your company its also true or not.

Your value-able suggestions and guidance are given to me right directions.

Thanks
Imran

g mohammad imran (Querist) 27 July 2015
Sir,

Thanks for your valuable suggestions. My wife put compliant at district women and child development department, anantapur, andhra pradesh. How can answer on these manner to them.

SAINATH DEVALLA (Expert) 27 July 2015
Can U elaborate the complaint please

g mohammad imran (Querist) 28 July 2015
Sir,

I marry on 24.02.13. She live with me only 06 months in these also she stay maximum time her mothers house. and she filed 498a, dowry cases in another place where we cant marry, she cant live and both not start live in that place, Its completely not aware of that place. Now 11.04.15 she put maintenance case where we marry and where she lives

Now on 07.07.15 she file compliant on me for harassment. Actually she states wrongly to them. They asking me come on 30.07.15 please can you guide me on this

SAINATH DEVALLA (Expert) 28 July 2015
Once differences arise between the husband and the wife,either of them start analyzing different sections of crpc to be framed against each other out of ego's or enemity inculcated within themselves,and not but not the least misguided by the elders of either of the parties and also by the lawyers too.The woman is too fast to frame criminal charges of intimidation on the husband and his family.Once charged U have to prove she is wrong with merits only.

Maintenace

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