amar 04 May 2015

Wife leaves job for dv interim maintenance

Hi All,
My wife had filed a false DV case againt me and a few of my relatives almost 2 years back in her native place. She has been working for the last 10 years and staying with me in the same house in Bangalore. But just 3 months back she left her job. I am not sure whether she is working currently or not anywhere or even if she is in India or went abroad but her lawyer says she is staying with her parents in her native and not working anywhere. I think if at all she has left her job, it is to extract interim maintenance from me - the arguments for which are scheduled in the next week.
Obviously I do not want that she gets anything in the interim maintenance. How should I proceed?

1) Does the court take into account her job status at the time of filing the petition or the current job status in order to decide interim maintenance?

2) If it is the current job status that is taken into account, how do I prove that she has left her job only to harass me and get money from me?

2) Now that she has deserted me and left my house for the last 3 months, can she still claim right to residence in my house or ask for an injunction against sale of my house?

Regards
Amar

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2 Replies

Jatin Mittal (Corporate Lawyer) 05 May 2015

Hi Amar

Although she has quit the job, but she is capable of earning her livelihood, she should not be allowed to claim maintenance from you, and you have a strong point that she working for last 10 years and has good experience, so she has the full capability to earn the livelihood and hence should maintain herself.

She can claim the right of residence in the house only if it is in your name or it is the ancestral property. If the house has been bought by your father from his self earned income then it is his self acquired property and she does not have right to residence in the self acquired property of her father in law. But if you have any share in the house she shall have the right to claim the residence. A simple concept is that whatever belongs to husband, that belongs to wife too. So if there is anything which belongs to you, your wife shall have right over it. For any other clarification write to me at mittaljets@gmail.com. No charges for the consultation.

amar 07 May 2015

Hi Jatin
Thanks for your response. I understand I can fight her maintenance claim with the argument that she is well qualified and had been working all this while and left the job only to extract maintenance. But as a basic legal question - does the court take into account her job status at the time of filing the petition or the current job status in order to decide interim maintenance?

Regards
Amar