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unfair Maintainance application from wife

This query is : Resolved 
 

(Querist)
02 October 2009

dear Sir dear freinds
My friend got married to a women who was/is self dependent and 8 years elder to him. She left her government job and was leaving self sufficiant life. My freind got atttracted to her for her self sufficant way of life. They got married. My freind was visitng her on week ends only. This continue for one and half year. during thier comman stay my freind realised they cant live togather and he collapsed mentally and emotionally.
Now he has filed petition for divorce.
The women has filed application for maitainance.
The fact of the case is that that the women, prio to thier marriege was self sufficiant, during their cohabitation at week ends both were spending their own money. When this week end commn stay stopped therafter she is living self sufficant life. This is documented in wife's letter to freinds and relatives and her husband i.e. my freind.
Please help us to fight against her unfair demand of Maintainance. also please supply us information with authority_case laws.
Thanks Happy Gandhi Jayanti to all freinds on Lawyers club. Rajesh Mishra


adv. rajeev ( rajoo )Online (Expert)
02 October 2009

Dear Rajesh,
U have to produce all the documents to show she has got sufficient income source and living comfortable life.
U can lead the evidence who knows her better and who is in favour of ur client.

adv. rajeev ( rajoo )Online (Expert)
02 October 2009

Dear Rajesh,
U have to produce all the documents to show she has got sufficient income source and living comfortable life.
U can lead the evidence who knows her better and who is in favour of ur client.

Raj Kumar MakkadOnline (Expert)
02 October 2009

I agree with Rajesh. If wife has sufficient income to maintain her, she is not entitled for the grant of any maintenance within the framework of law.

Sachin Bhatia (Expert)
02 October 2009

You have to produce all the documents before the court to show that she has got sufficient income source and living comfortable life. She is not entitled for maintenance in any manner.

Kiran Kumar (Expert)
02 October 2009

you can not avoid maintenance to her, u said she left her job prior to marriage, after the filing of divorce petition she can very well ask for the maintenance even prior to it as well.

but if u say and prove the fact that she is having sufficient means and income to live life as per her status or living status at the time of marriage then u ll get some relief from court.

but its a matter of evidence, and u ll ve to prove it.

Rajesh (Querist)
02 October 2009

Dear Sir Dear Freinds
Thank you all for you valued advise.
please post Authorityies-case laws(HC_SC Judgements) favoring our case.
We have sufficant proofe of her income sources and her own admission in letters to his husband expalining why she dose not need money from any one and how she is self sufficiant.
Thanx again for valuable advice.

Adinath@Avinash PatilOnline (Expert)
02 October 2009

DEAR RAJESH,
GO THROUGH THE RULING YOU WIL GET SOME IDEA.
MAINTEINANCE- CLAIM OF - BY WORKING WIFE -MAINTAINABILITY OF-
DNYNOBA V/S MUKTA DNYNOBA KAMBLE.
2005 [5] BOMBAY C.R. 552.



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