Is a working wife eligible for maintenance under dv
Tanmay
(Querist) 19 October 2012
This query is : Resolved
Hello all,
My wife has filed both DV and 498a cases on me and my family.
DV hearing will commence. I want to know the chances of her getting maintenance because she is working and earning more than me. There is no child either.
So I want to understand if the judge can grant maintenance under those circumstances too. Wife has hidden the information in DV that she is working and prayed for relief of maintenance. I was told by that some maintenance will be granted by the judge. So I want to know how I can make sure that she is not entitled for maintenance so that judge denies her the maintenance. Please advise.
Thanks in advance for your help. Please provide links to judgements which can be useful. I have seen some judgements on the internet, but not sure which is the most useful one in which I can make sure that maintenance is not granted to my wife.
THanks in advance.
REgards,
Tanmay
Devajyoti Barman
(Expert) 19 October 2012
A working woman has no right to get maintenance, but at the same time it is upon you to prove that she is working.
If you fail to show that to the court then the curt would grant maintenance to you.
This is provision of law which does not need any support of decision.
Focus on getting proof of her income than the decisions.
ajay sethi
(Expert) 19 October 2012
if your wife is working and earning more than you then you wont be liable to pay her maintenance .
R.K Nanda
(Expert) 19 October 2012
no, she is not eligible for any maintenance.
Rajeev Kumar
(Expert) 19 October 2012
I agree with above experts.
Guest
(Expert) 19 October 2012
If she is earning more than you, her case is surely going to bounce back on her, provided you have the proof to that effect to be produced in the court of law.
Tanmay
(Querist) 19 October 2012
Hello everyone,
Many thanks for the replies. I want to know what are the kind of proof/documents with which I can proove that my wife is working. Couple of things which I can think of is
1. Her income tax returns.
2. Her salary slip or pay slip.
These are the authorized documents which court will believe I suppose. But as my wife doesn't stay with me any longer I don't have access to these documents and she works in private firm.
I have to obtain the income tax returns copy from the income tax department through RTI. I am not sure of other ways of proving that she is working.
I have some old income tax returns filed by her which incidentally is with me and I am aware of her PAN number.
If experts can provide inputs on what will be the right set of documents to convince the judge I can do that. Please provide your expert inputs in this regard.
Thanks in advance for your inputs.
Regards,
Tanmay
Guest
(Expert) 19 October 2012
Only latest salary slip can prove to be a perfect proof. Any old proof cannot work, as that may make you difficult to prove would she state she has already resigned from that service. Tax return would also represent only the old income of the past year.
V R SHROFF
(Expert) 19 October 2012
Agreed with Shri Barman & Shri Dhingraji.
For u most imp is, Proof of her present earning.
Try to find out where she works. Get her followed up from home to work to home for few days,
Send Legal notice/ courier at office address on her name, so that she recd it.
Prepare two witesses, who says they visited the office found her working, had mobile photo & give evidence in court.
Then in examination, ask income tax / pan card/ examine her employer etc..
Balance, ur Adv will do for u.
I Tax will not help u. rti won't help u.
u hv to help ur self.
