Harpreet (Owner) 26 March 2015

How to fight and reduce dv maintainance

Hi,

My wife has filed a DV case against me with false charges of DV to extort money from me. She alongwith our son left the home at her will and started living with her parents who are supporting her in all ways. My wife and in-laws were demanding a right in my parent’s property which my parents denied due to violence by them at my parent’s house. Police is also in collusion with my in-laws and not taking action on my parent’s and my complaints. Now she is making all kind of blames asking maintainance for her and our 1 our old son. My income is around 25k and currently I am living on rent (Rs. 8k) but planning to shift to a low rent accomodation. I am ready to maintain my son. What steps shall I take to have No or minimum maintainance to my wife due to her non-cooperation and false allegations of DV and dowry against me, my siblings and my parents.

Thank you very much.

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6 Replies

Harpreet (Owner) 26 March 2015

My wife is well qualified and has been working before our marriage. Now she is taking excuse in name in child-care to not work and ask 15k maintainance from my 25k salary. At my end what all can i do to deny or reduce maintainance to her to minimum.

Thanks a lot.

Adv k . mahesh (advocate) 26 March 2015

show what all the expenses you can show like loans, premiums, rent, medical expenses, any expenses and finally it is on the court to decide how much you have to pay and as your wife was working previously means court will reduce the maintenance a lot of judgements are there

recently court had given that a higlhly qualified lady can look for a job and husband has to pay till she gets job and court said to pay for one year only sepecifically

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Harpreet (Owner) 26 March 2015

Thank you Mahesh sir. Shall i shift to an accomodation with less rent or continue residing in with rent of 8k in 25k salary. Will this affect the maintainance, if any, to her and rent amount awarded to her?

Harpreet (Owner) 26 March 2015

My salary of 25k has basic + HRA component, does HRA count towards total income while considering for maintainance by court?

Adv k . mahesh (advocate) 26 March 2015

one more thing you have to see here if she asks for separate accomadation then you have to provide her the same and if you want her back try to talk to her and settle the issue in view of you having a kid

Nischay Bin (Service) 27 March 2015

"recently court had given that a higlhly qualified lady can look for a job and husband has to pay till she gets job and court said to pay for one year only sepecifically "

Thank you Mahesh ji !!

Can you please provide me the reference of judgement.

Regards

Nishchay