Regarding interim maintainence
vikas
(Querist) 19 January 2017
This query is : Resolved
hello my name is vikas , from new delhi. currently i am facing an interim maintenance case from my wife.
My lawyer told me its 50 -50 chances that i have to pay interim maintenance or it can be denied.
my wife is a highly qualified person. she holds a Masters in dental surgery.
she did job before she got married to me and while she was with me, she was running her clinic from home.
Now my lawyer said that i need to give her proofs of her educational qualifications. i told the lawyer that i have photo copies of her BDS degree, but unfortunately i dont have her MDS degrees with me.
My lawyer asked me to get it through RTI, but i was denied the same by the college based in noida.
Now all i have is her bachelor's degree & i cant get the masters degree.
my lawyer told me this can effect my case.
i have her resume that contains her last 4 years work experience and also her educational qualifications, but my lawyer said court might consider it or might not.
Also while she was running her clinic from our home,i dont have any proof about it, except some patients who paid her and they are ready to go to court in my favour. i dont know if that is sufficient.
My lawyer said that again it depends on judge if she will consider the patients as evidence or not & asked me to somehow get the masters degree, else he cant help much. I have almost given up because i cant get her masters degree .
Plz guide me if my lawyer told me the facts correctly or not & also plz guide me what can i do to get her Masters degree.
Thanks
Regards- Vikas yadav
R.K Nanda
(Expert) 21 January 2017
if she is earning good amount from her dentist practice then court may not grant maintenance to her otherwise you will have to pay it.file evidence in court in respect to her monthly income .
vikas
(Querist) 21 January 2017
thankyou for reply R.K nanda sir.
Sir please consider the fact that i only have her patients who paid her cash. They are ready to give statement in court that she treated them.
Now can court consider this as an evidence?
kindly clerify
thanks in advance
vikas
(Querist) 21 January 2017
Plz remember she was running her clinic from my home as a dentist & it was not registered. i only can produce human evidence in court whom got treated by her
Rajendra K Goyal
(Expert) 21 January 2017
It seems she was not filing her Income Tax return / not maintaining proper patient register, in absence of such proofs it would be difficult to prove her income.
Summon through court her college staff / university to depose her degree and education.
All the facts has to be proved beyond doubts for sure success.
vikas
(Querist) 22 January 2017
thanks for the reply goyal sir. and yes u explained the question very clearly. thanks for that sir.
A little good news sir that i have managed to collect the photo copy of her masters degree from her friends home. i hope that works in court.
Sir plz clear this last question...
i read that qualified wives are rejected maintainance in many cases. in my case what are the chances it can be rejected and even if its not rejected, how should i calculate my pay to her if i am earning 22000 a month.
Atlest her education background and last job details can minimise it or not? plz reply..
Rajendra K Goyal
(Expert) 22 January 2017
Photocopy of degree may not be helpful as such. Your lawyer can cross her and have her acceptance that this is her certificate copy and she has this degree otherwise the fact need to be proved by calling institution / university staff as witness.
Court generally consider statutory deductions while considering income of husband.
No exact 12" foot rule fixed by court to decide / calculate maintenance. It may depend on case to case.
Guest
(Expert) 22 January 2017
The Genuineness of the Photo copy of the Certificate could be Obtained from concerned University thro RTI application stating the Facts.
vikas
(Querist) 23 January 2017
Sir thanks for the valuable reply. Sir this photocopy contains her photograph.
vikas
(Querist) 23 January 2017
Thanks rajkumar sir too.
Rajendra K Goyal
(Expert) 26 January 2017
Court may not accept the Photocopy of any document till original presented / conformed through alternate method.
Guest
(Expert) 26 January 2017
Photocopy Confirmed by the University will be Accepted by Court.Dont Rely on Child/Childish.
