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Reg dvc & 498a

(Querist) 25 January 2015 This query is : Resolved 
Hello Sir

The brief despcription:-

my wife left the homw 6 months back by making quarrels and beat with my parents and me. Also she was forcing me to live with her parents as Ghar Jamai. When I denied, she left the home as said above.

Now she has filed the case against me u/s 498A one month before.

Also right now they have filed the DVC case also and demanding 30 lakhs cash and 50K per month as maintenance. also they got passed interim maintenance order of Rs.10K in this month.

Now on 28/01/2015 me with my monther and father has to appear to court. We are not aware of any of the things.

Also I am not capable to pay ths much amount as I am practicing as financials and accoutnings.

So can anyone let me know how to deal with it.? Any quash petitions or stay order possible on this case?
Devajyoti Barman (Expert) 25 January 2015
You can challenge the order of interim maintenance by way of preferring an appeal u/s 29 of the Act.
ajay sethi (Expert) 25 January 2015
you have to engage a local lawyer to fight cases filed by your wife . quashing is rarely allowed .

you have not mentioned what is your income . if your income is around Rs 30,000 per month order of payment of Rs 10,000 per month is reasonable
Rajendra K Goyal (Expert) 26 January 2015
Engage a local lawyer to defend you and your parents on merit of the case.

If you are earning aprox,3.5 lacs PA filing IT return of this income, relief may not be given in maintenance payment.
Amitbharde (Querist) 26 January 2015
Sir

Thanks for yoru reply. But how is it reasonable sir? Though I am earning 3.5Lakhs, but still at the same time I am spending the amounts to manage my office rents Rs.1.20L, staff salary Rs.60K, my personal drawings for household expenses. My father is sugar and thyroid patient for which monthly check up is going which costs me Rs.2500/- per month.

Also since I am self employed, the services will depends, some times more and some times lesser. Hence income is not fixed.

And my net income is not taxable hence I have not filed the return of income.

Can i get the stay order ? how should I bye pass the hard ship?

Intentionally they are making torcher to my family.

ajay sethi (Expert) 26 January 2015
why have you not filed your income tax returns? you are earning rs 3.5 lakhs and should file your income tax returns . you can produce your income tax returns to rebut your wife claim for higher maintenance .

amount awarded of rs 10,000 per month is reasonable
Amitbharde (Querist) 26 January 2015
Sir

That is waht I am saying that my income is not liable to tax in my business after all the expenses. If it is not liable to tax then the filing of ITR is not necessary.

3.5L is gross income. From that I have to manage all of the office expenses.

My income is not like salary income where at the time of receipt only the taxability is decided.

And one thing I want to highlight is that my wife dont want to reside with me. So he gone to her homw in planned way. Now she alongwith their family wants to torcher me.

Therefore they have filed 498A and also now this maintenance.
T. Kalaiselvan, Advocate (Expert) 28 January 2015
You better engage a lawyer and fight the case properly as per the circumstances.


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