regarding interim in dv and maintenance(125)

Guest (Querist) 04 November 2010 This query is : Resolved
dear experts
i am a student of MCA.NOT EARNING ANY THING.MY WIFE FILE A CASE OF 125(MAINTENANCE) AND 12 OF DV ACT. I HAVE A VIDEO THAT SHE IS WORKING.AND A BILL IN HER QWN WRITING(REPARING BILL OF WATCH).SHE IS DOING
JOB IN A WATCH COMPANY. IS IT SUFFICIENT TO PROOF THAT SHE IS WORKING.AND ALSO SHE HAS ACCEPTED THAT SHE HAS A 50 YARDS PLOT IN UTTAM NAGAR(DELHI).I HAVE A BABY FOR HER I PAID 1000 PER MONTH IN A COURT ORDERED BY THE COURT. BUT I AM NOT IN SUCH CONDITION TO PAY THE MAINTENANCE FOR HER.IT IS BIG TROUBLE FOR ME. AND I AM NOT WANT TO LIVE WITH HER.IF COURT GIVE ORDER FOR MAINTENANCE THEN HOW MUCH THE COURT ORDER FOR MAINTENANCE. PLZ. GIVE ME REPLY AS SOON AS POSSIBLE. I HAVE NO PIECE OF LAND ON MY NAME AND MY FATHER.

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Arun Kumar Bhagat (Expert) 04 November 2010
Maintenance depends upon several factors viz. your income, wife's income, standard of living etc.

Guest (Querist) 04 November 2010
I HAVE NO SOURCE OF INCOME. I AM TOTALLY DEPEND UPON THE MERCY OF MY PARENTS.
AND LIVING WITH FRIENDS IN A RENTED HOUSE. NO PIECE OF LAND. PLZ.TELL ME IN THIS CASE. WHILE SHE HAS A 50 YARDS PLOT ON HER OWN NAME.AND VIDEO OF HER JOB

Guest (Querist) 04 November 2010
PLEASE GIVE REPLE . AS SOON AS POSSIBLE.PLZ.

Guest (Expert) 04 November 2010
AS YOU ARE MARRIED AS PER HINDU MARRIAGE ACT.YOU ARE SUPPOSED TO MAINTAIN WIFE AND CHILD.THERE IS A PROVISION UNDER CRPC SEC.125 ,IN CASE APPLICATION FOR MAINTAINENCE FILED BY WIFE IN THE COURT .COURT WILL ISSUE NOTICE TO YOU AND YOU HAVE TO APPEAR IN THE COURT THROUGH YOUR LAWYER.YOU MAY FILE A REPLY AND MENTION ALL FACTS.COURT WILL HEAR BOTH THE SIDES AND WILL DECIDE THE AMOUNT OF MAINTAINENCE TO WIFE.IT CAN BE UP TO RS.1500/-PER MONTH OR EVEN LESS DEPENDING ON DOCUMENTS PRODUCED BY APPLICANT IN THE COURT.PLEASE NOTE.
YOU MAY CHALLENGE THE ORDER OF LOWER COURT IN THE DIST AND SESSIONS COURT FOR REDUCING THE AMOUNT ORDERED AS PER JUDGEMENT OF LOWER COURT.GOOD LUCK.

Raj Kumar Makkad (Expert) 04 November 2010
If you are in the possession of a bill written/issued by your wife then it is sufficient to establish that she is earning and she has also to prove your income and if she fails in this matter then you shall have to provide nothing as maintenance to her as you are dependent upon the income of your parents and are not earning hand.

s.subramanian (Expert) 04 November 2010
Since you have no income,you need no bother. The court cannot compel you to pay maintenance. Why don't you claim maintenance from your wife since she is employed and having income? Such a counter measure will bear some fruits,I believe.

Devajyoti Barman (Expert) 05 November 2010
No income is absolutely no defence to avoid any maintenance. Once you are married you have no option but to pay the maintenance, job or no job unless you could prove that your wife is employed and earn good income or left er matrimonial home on her own wish.
You can claim maintenance form your wife if she is employed only under Matrimonial proceeding and not under any other proceeding like section 125crpc or DV Act..

Ramakrishnan.V (Expert) 07 November 2010
Respected Learned Counsel and Lawyer Mr. Barman, this type of answer is not expected from an expert. He can refuse to pay because if there is no income the husband cannot maintain because law does not compel anyone to do the impossible.
Ramakrishnan.V,

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