Interim Maintainence - Need Advice


Dear Members & Legal Solicitors,

Request you to guide me. Marriage lasted only for meager 55 days and she went at her home on her own and did not return back. Very Bad temperament, always asking for money and want me to invest in her hometown for buying agricultural lands in her name. Never cooked at home and use to fight daily on Money Matters. In Laws also use to probe me for investing in their native home land. Grabbed all the Stridhan from my home saying she will celebrate holy at her native place.  

1) False DV filed against me and my parents in the month of Aug 2010 making number of prayers for Home, Money. We have replied and denied all false allegations, past history of her being hostile witness for the 498A, which she had logged against her former Husband/In Laws post receiving the DV Summons. Not revealed to me at the time of marriage about her past life behavior and showed me a complete different picture just for the sake of grabbing money. (Grabbed money per month from her previous husband till the date of my marriage and did not reveal me.) Yet Evidence affidavit not filed for the Domestic violence case, which they have filed against us.

2) Criminal Case filed by me and our lawyer under Sec 504, 506 & 34 against their family and her for criminal intimidation as well as false threatening call from Kalyan Police station where they stay asking me for 50% right on our property. The case has been processed through their local police station as per the Judge instructions and they all have been asked to sign a bond and pay bail of Rs. 15,000/- each which they have not yet paid to the court.

3) In the month of Dec / Jan their lawyer called up our Lawyer and asked for Rs. 25,000,00 INR for settling the matter to which our lawyer declined.

4) Today in the Hon. Court, her Lawyer asked for Interim Maintenance; although she is working and her salary slip filed in the court. The Hon Judge said that the case is getting transferred and that the respondents also have filed criminal case against you. Hence, as the case is getting transferred to New Hon Judge, he/she will decide on the same.

My Queries are:

  • In case if husband is drawing 4 times more than the wife, Does the Interim Maintenance comes into effect, if both are working?
  • Since I have filed a Criminal Case against all accused involved and also for the DV filed against me & my parents, there is no Evidence affidavit filed by her. Hence, the dates of hearing and presence are taking place without the case going in the argument mode. As a result of which there is no conclusion. Still, will I be asked to Pay Interim Maintenance without the DV getting proved?  

Awaiting, your expert reply.

 
Reply   
 
UNEMPLOYED

i think you are rich one in comparision to your wife.

that's why you are easy terget of that party.

" always asking for money and want me to invest in her hometown for buying agricultural lands in her name"

nothing to surprise.

 
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UNEMPLOYED

"In case if husband is drawing 4 times more than the wife, Does the Interim Maintenance comes into effect, if both are working?"

 

---   it should not be. when she employee, she maintain a status from the source of her employment.

that is her original status earned by herself,  there is no logic or legality to enhanch the maintenance, considering her behaviour.

 
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UNEMPLOYED

"Since I have filed a Criminal Case against all accused involved and also for the DV filed against me & my parents, there is no Evidence affidavit filed by her. Hence, the dates of hearing and presence are taking place without the case going in the argument mode. As a result of which there is no conclusion. Still, will I be asked to Pay Interim Maintenance without the DV getting proved?"

 

---   if you feel that injustices done to you in maintenance case, get ready for appeal.

 
Reply   
 
UNEMPLOYED

" past history of her being hostile witness for the 498A, which she had logged against her former Husband/In Laws post receiving the DV Summons"

---   i understood the case perfectly. it is her business now.

that's why one gentle man telling here - never marry a 498a lady.

 
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