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bhushan (nil)     22 August 2013

maintanance

my wife is working at RTC in ap.she is working as a govt. Employ(15000k) she ask for mantanance and she willfuly submitted in the court that she is a housewife.due to 498&other cases i am totaly unemployed.but i agree to maitain my 5 year old girl child(i mention to court my income is 5000/-as my advo. Says).please anyone tell me howmuch i paid to my child and wife.


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 10 Replies

fighting back (exec)     22 August 2013

submit her salary slips, get it via RTI, her attendance registers and employment details, you wont be entitled to maintainence, 

Raja_498a Victim (Manager)     23 August 2013

You are liable to pay only to your kid. You need to provide paper evidence in court that she is getting Salary every month.

Also ask her to provide affidavit in court that she is not working.

Harry (Manager)     23 August 2013

what if she is working and give affidavit. and then leave the job.

Raja_498a Victim (Manager)     23 August 2013

Lawyer needs to argue in the court that she intentionally left the Job just to extract money and harrass.

Her chances of quitting job is minimal as it is govt empoyee and getting 15K. For the sake of 4 to 5k she will not quit.

She needs to show valid reason for leaving job, good lawyer argues the same and fight the case on merits.

Any Judgement is on merits and not on emotions of both parties.

 

 

Harry (Manager)     23 August 2013

Hi Raja i have almost same case lie urs. my wife was working in a private school as a teacher. He gave affidavit in court that she is unemployed while she was getting around Rs 2000 per month. when we queried then she left the job. while Rs 2000 is not a big money so she jus left the job. but the thing is how can she give affidavit while she is working. as its a false statement in court, is it not an offence?

Raja_498a Victim (Manager)     23 August 2013

If she submitted affidavit during her Job, you can file Perjury in the court based on affidavit.

But remember Perjury is just pressure tactics from your end, it runs on years for Judgement.

Bestway is collect evidence of her employment and produce before court which helps to reduce maintenance.

1 Like

Harry (Manager)     23 August 2013

I have all evidence of when she was working and gave affidavit of unemployment. But then she left job and now she is unemployed indeed. can i do something?

bhushan (nil)     23 August 2013

hi,thankyou for all advice.in 498a court give decision to my favour before two year. Can the judgement work for in my divorse and maintenance case ?

Harry (Manager)     23 August 2013

Divorce - may be yes. depends on facts and situation

Maintenance- Might be NO

 

Thanks

Raja_498a Victim (Manager)     23 August 2013

If you fail to prove her source of income, you are liable to pay maintenance.

Perjury and other arguments come later


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