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Reduction in interim maintenance under dv by same court (Family Law)

This query is : Resolved

Author : S P Goel

PRO CHAT CALL

Posted On 28 April 2012 at 16:03

Respected sir,
I am S P Goel, Court ( Ms Monika Saroha MM ) ordered me to pay Rs 8000 p m since the day of petition by my wife under DV Act.This have come in most of the newspaper also.One learned and senior advocate advised me to apply in the same court for reduction in amount and justify them.. Please guide me sir, is it possible, if possible under which section or provision of act. This point is very important for me, since I am unemployed and avoid to go to appeal to Session Court, Please give your opinion, advice and guidance for me and I will be highly obliged to you sirs.Thanks and best regards S P Goel, Delhi, 9810101999, Spgoel118@yahoo.com

Expert : ajay sethi

PRO CHAT CALL

Posted On 28 April 2012 at 16:26

the court must have considered your income tax retruns for fixing maintenace . merely because you are un employed does not mean that you dont have to pay maintenace . it is your duty to maintain your wife . unemployement is no excuse . if however your wife is well qualified and earning you cna avoid paying maintenace if you are unemployed .

you can amake application for modification of order as maount of rs 8,000 is high considering your unemployement status

Expert : ajay sethi

PRO CHAT CALL

Posted On 28 April 2012 at 16:29

Unemployed man can't be forced to pay maintenance to wife : HC

An unemployed man cannot be forced to pay maintenance to his estranged wife, the Delhi High Court on Friday ruled saying that in an era of equality of s*xes a person cannot be compelled to maintain others if spouses are on an equal footing.

"Under prevelant laws, a husband is supposed to maintain his unearning spouse out of the income he earns. No law provides that a husband has to maintain his wife, living seperately from him, irrespective of the fact whether he earns or not," Justice S.N. Dhingra said.

The court passed the order while setting aside the order of a family court which had directed the husband, who was unemployed, to pay a maintenance of Rs 5,000 to his wife.

The court said the wife, who was equally qualified as her husband and was working in an MNC, cannot ask for maintenance from her husband who lost his job.

"Court cannot tell the husband that he should beg, borrow or steal but give maintenance to his wife, more so when the husband and wife are almost qualified and capable of earning and both of them claimed to be gainfully employed before marriage," the court said while granting relief to the husband who was an NRI working in Angola in Africa.

"We are living in an era of equality of s*xes. The Constitution provides equal treatment to be given irrespective of s*x, caste and creed. An unemployed husband who is holding an MBA degree cannot be treated differently to an unemployed wife who is also holding an MBA degree.

"Since both are on equal footing, one cannot be asked to maintain the other unless one is unemployed and the other is employed," the court said.

Source: http://www.deccanchronicle.com/national/unemployed-man-cant-be-forced-pay-maintenance-wife-hc-962

Source: http://news.in.msn.com/national/article.aspx?cp-documentid=4314490

Expert : prabhakar singh

PRO CHAT CALL

Posted On 28 April 2012 at 20:08

Agree with advise given.

Expert : ADVOCATE DEFENSE-09226283967

PRO CHAT CALL

Posted On 29 April 2012 at 11:06

Mr Goel since your matter was reported in the PRESS so you have sent large no of PM s to no of experts.

Now keep cool and move higher courts , the citation posted above by Ld expert will be of help.

Author : S P Goel

PRO CHAT CALL

Posted On 29 April 2012 at 11:35

Respected sir, Thanks for your order, I got tears in my eyes, as if my own is giving advice to me , I touch your feet, Please bless me thanks, As advise, I will file for appeal thanks s p goel delhi 9810101999

I thanks to all professionals who helped me and given their opinion sir thanks sir

Author : S P Goel

PRO CHAT CALL

Posted On 29 April 2012 at 11:45

Dear sirs, I am thankful to Lawyerclubindia which is very much helpful to people like us , who do not know about legal matters, thanks to Mr Raj Kumar Makkad, Mr Shonee Kapoor, Mr Ajay Seyhi, Mr Sainath, Mr Quereshiji, above all Mr P S Dhingra, Mr Rajoo, Mr Barman and Mr Prabhakar ( I touch your feet for blessing ) and Mr JSDN and some professional called me on phone and spent money on me, thanks sir s p goel delhi 9810101999