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Jolly (accountant)     23 June 2014

Maintenance

Hi Experts, My wife has filed DV petition. I have attend one hearing. On that time immediately case has been transferred to meditation. In Meditation/counseling, Counsellor told both the party advocate to discuss the matter and resolve within you and given the next date. My advocate spoke with their advocate.I came to know they are asking some F&F money(Alimony).

My question is - Both we are working in separate companies and earning same amount of salary even though demand of money is there from their end. 

I asked to my advocate. He is also saying you have to give alimony.
I am so confused...

Can anyone suggest me that is there any chances/judgement is there for give alimony to wife. There is no child for us...and living standard is same for both of us.



Learning

 7 Replies

Mango (Consultant)     24 June 2014

Accountant Shahib - It's Mediation, not Meditation... Why wife would call you for meditation when mediation is a way out...!

 

Alimony is applicable only in divorce cases. Maintenance is  not applicable for working wife. PM me with full case details..!

 

Mango

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 June 2014

One of the most important rights under divorce and matrimonial laws is the right to receive and claim alimony (maintenance). The term 'alimony' has its origin in the Latin word 'Alimonia', meaning sustenance. Generally speaking alimony means an allowance or amount which a court orders the husband to pay to the wife for her sustenance till her next marriage.

stanley (Freedom)     24 June 2014

@ Jolly show high time to show her  your loli pop .

1. Under Dv act what are the reliefs she has asked for . ( sec 18,19,20 or 21 ) . you have not stated .

2. Are the allegations under Dv act false or true even that to you have not stated .. 

3. When both are working and if she has sufficent means to sustain herself there is no need to provide maintanence  .  A working women is not entitled to maintenance . 

4. Your lawyer is hand in glove with the opposite lawyer .  kick him off an appoint another lawyer . 

5. Go through atleast 300 posts under the sub heading maintenance and you will get the required knowledge . 

6. In meditation state as she is a working women you are not ready to provide maintenance and contest the case and win the same on its merits .. 

 

 

 

satish bhaskar (Litigant)     24 June 2014

YOU ARE CONFUSED.

MEDIATION IS NOT GOING TO KILL YOU. GO THROUGH IT. DONT ACCEPT IF THE TERMS ARE NOT RIGHT.

LEARN TO SAY NO. SIMPLE.

LET THE TRIAL GO ON IF DEMAND IN MEDIATION IS NOT REASONABLE.

LET MAGISTRATE DECIDE GIVE JUDGEMENT AND ORDER. LET LAW TAKE ITS OWN COURSE.

DONT BE A COWARD. BE BRAVE. CONTEST AND FIGHT WITH COOL HEAD.

Laxmi Kant Joshi (Advocate )     24 June 2014

jolly no need to give her a single penny tell your lawyer i will pay you but not her , there is no compulsation to give her any alimony , read her petition carefully, had she depose any false statement in it! if yes read her affidavit and trace out the false statement and then told to your lawyer inform to your wifes advocate that after this case you will going to file perjury case against her , threaten her you will not pay a single penny to her you will fight till end .

T. Kalaiselvan, Advocate (Advocate)     26 June 2014

In the event of both of you employed and are drawing salary at par with each other,the life style and standard of living will be almost the same hence there is no parity in that respect, therefore you can very well argue that she is not eligible for maintenance.  You may instruct your lawyer to contest and proceed with the trial of the case if she is not agreeing for mutual consent divorce without setting out any monetary terms or conditions of alimony.  You can refuse to pay her maintenance amount for the reasons stated above and ask her to deny that she is employed or deriving income through employment o other sources. Her advocate may tell thousand to defend his client and to get her maximum benefits, but why is that your advocate budging to such pressures?, if you are not comfortable with your advocate, you may change him immediately and look for a better person.

Mango (Consultant)     26 June 2014

Dear Jolly,


Please make sure to understand the difference between maintenance and alimony before you fight your case. Though, it's interchangeable but you should not be confused with the terminology. Here are the reference for the same -

https://www.lawyersclubindia.com/forum/Alimony-vs-maintenance--49819.asp#.U6xEtxBqPvs


Thanks,

Mango


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