Maintance
swaraj
(Querist) 14 June 2012
This query is : Resolved
respected sir my brother resides in australian on permanet residence my brother's wife filed dowry case and maintence case of rs 1.50 lac per month in disrict court.she demanded 1.50 lakh per month she says in court that my brother earing is rs 300000 per month in australia
but my brother have no job in australia so is on unployement allowance in australia the centerlink bank give my brother unployement allowance every month.
now my question is that
1.is this unployment allowance evidence from centrelink bank will favour to mu brother in court.
2.my brother's filed another false harrasment case of 323 after admitting in govt hospital where her father was employee .
now my quetion is that is it must for everybody to take a tokken from local police station for police medical or not because my bhabhi dont contacted the local police and admit hospital their own side.
thanks
Devajyoti Barman
(Expert) 14 June 2012
1. Yes but not to avoid maintenance completely. The court on its basis may order any reasonable amount of maintenance. Unemployment is no excuse to avoid maintenance.
2. No need to inform Police before going to hospital though the hospital authority on suspicion of grave offence may inform the Police on its own.
Adv.R.P.Chugh
(Expert) 14 June 2012
1. The Unemployment allowance would be a huge help, though the courts expect an able bodied man to maintain his wife, but in light of the recent ends of market slowdown and recission and people losing their jobs, insisting on maintenance from an unemployed chap won't be just fair and equitable. This is an area where the order can go both ways.
2. Government MLC is admissible, however it's evidentiary value would be limited in view of her father being employed there.
3. Defend cases diligently.
Feel free to talk
Adv Archana Deshmukh
(Expert) 14 June 2012
The court will still award some reasonable amount even if the husband is unemployed, if the wife is unable to maintain herself from her own income.
Guest
(Expert) 14 June 2012
1. The unemployment of your brother would be a factor which the court would keep in mind while awarding maintenance to his wife help him. He may succeed in mitigating the liability but the same cannot be evaded completely as it is the bounden obligation of every husband to maintain his wife who cannot maintain herself out of her own funds.
2. There is no obligation to inform the police before going to the hospital. Considering the fact that her own father was employed there, the same can be impeached on the ground of being biased.
Shonee Kapoor
(Expert) 14 June 2012
The maintenance would be decided on Purchase Power parity. The unemployment thing won't run in the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
