No maintenance to earning wife

This query is : Resolved 
 


Querist : Anonymous (Querist)
05 December 2018

Hi,

I got divorced in 2017 by an expatriate judgement by Family Court on the ground that my ex-wife not interested to attend court proceedings and also not having any defense against my case of domestic violence. After the decision of honorable court I got re-married but ex-wife filled case against me under domestic violence, alimony for her maintenance and re-opening of family court decision. All her claims are baseless and not backed by any witness/proof. Kindly suggest is she entitled for any maintenance as she is already working as government employee since 2012 getting approx Rs.65000/- per month and also having immovable property in her name. Further we not have any kid thus no question of maintenance.
Moreover, I have one baby boy with my present wife and both my son and wife dependent on me.

Kindly suggest some case judgement in this scenario which can be quoted in defense to her case


KISHAN DUTT RETD JUDGE (Expert)
05 December 2018

Dear Sir,
Try to get stay order on such proceedings or hotly contest the same and file application under Section 91 of Criminal Procedure Code to call for her salary certificate from her employer to see that she cannot get any maintenance.

Please mark “LIKE” if satisfied by my answer.


Querist : Anonymous (Querist)
05 December 2018

Yet case in dates at District Court and Family Court but as per honorable judge interim order may be passed in next hearing. I just wanted to submit case judgement if any supporting my contention for "No maintenance to working wife" Further she has also filled case for domestic violence where in she has no witness/proof and I initiated FIR and lodge case for divorce under domestic violence from her side

Vijay Raj Mahajan (Expert)
06 December 2018

There are number of such judgments one is Mamta Jaiswal case of MP High Court, check for it in website search. The family court will not allow any interim maintenance if you're able to show her source of income and financial status. Initially that you can mention in reply to the application for interim maintenance and making affidavit in this regard and later on summon her office record and property record from the revenue department or sub-registrar office.

Kumar Doab (Expert)
06 December 2018

Your query posted as;
“Hi, I got divorced in 2017 by an expatriate judgement by Family Court on the ground that my ex-wife not interested to attend court proceedings and also not having any defense against my case of domestic violence. After the decision of honorable court I got re-married but ex-wife filled case against me under domestic violence, alimony for her maintenance and re-opening of family court decision. All her claims are baseless and not backed by any witness/proof. Kindly suggest is she entitled for any maintenance as she is already working as government employee since 2012 getting approx Rs.65000/- per month and also having immovable property in her name. Further we not have any kid thus no question of maintenance. Moreover, I have one baby boy with my present wife and both my son and wife dependent on me.
Kindly suggest some case judgement in this scenario which can be quoted in defense to her case”

Kumar Doab (Expert)
06 December 2018



Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.

Kumar Doab (Expert)
06 December 2018


The spouse might be asked to submit true details of estate/property/income.
Appraise the court about estate/property/income of spouse to court.
Court can summon the detais from establishment/employer.
Spouse can obtain under RTI also.
You have posted that allegations are baseless/false and establish the falsehood in court.
Keep the details of your income/liabilities ready with you.

Kumar Doab (Expert)
06 December 2018


The spouse might be asked to submit true details of estate/property/income.
Appraise the court about estate/property/income of spouse to court.
Court can summon the detais from establishment/employer.
Spouse can obtain under RTI also.
You have posted that allegations are baseless/false and establish the falsehood in court.
Keep the details of your income/liabilities ready with you.

Kumar Doab (Expert)
06 December 2018



You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.


The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.


In the meantime you may go thru:
http://dsscic.nic.in/cause-list-report-web/download?filename=MzE1Mzg1LnBkZg%3D%3D
CENTRAL INFORMATION COMMISSION (Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066) Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Central Information Commissioner CIC/EPFOG/A/2017/315385 Kirubananthan K v. PIO, EPFO, Chennai RTI : 13.09.2016 FAO : Nil Second Appeal : 22.10.2016 Hearing : 31.07.2017 Appellant : Present Public Authority : Mr. Apurv Gautam, APFC Decided On : 02.08.2017 FINAL ORDER

Article under my profile;
“Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!”

You want citations in support of case of your Ex-wife;
GO thru Article;
“Wife's Capability to Earn: Is No Reason to Reduce Maintenance Awarded to Her”

Your own LOCAL counsel can help and guide you further.

Dr J C Vashista (Expert)
09 December 2018

1. Anonymous author should not expect obligation of experts as per rule of this platform.
2. Even if you have got ex-parte divorce, she (your ex-wife) is entitled for her maintenance, despite the fact that she is working and earning Rs. 65 K pm. MP High Court judgment of Mamta Jaiswal stands overruled by Supreme Court.
3. Whether you have committed any violence or not is a matter of evidence and your (now ex) wife can seek relief on the basis of averments made by her.
4. You have already engaged an able, competent and intelligent lawyer, what is his/ her opinion/ advise on the subject matter ?

Kumar Doab (Expert)
12 December 2018

You wanted citation in support of claim of spouse that has been provided.
Subsequent to query and posts; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.





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