Maintenance in dv
Neeraj Jha
(Querist) 08 April 2017
This query is : Resolved
Dear Experts,
Please help me,
Before 2years I filed a divorce case u/s 13A HMA in that case maintenance was granted 10000 per month u/s 24 HMA (interim maintenance) then I appealed in high court and shown proofs of her service, High court granted my appeal and ordered no maintenance for working wife but granted 5,000 pm for 4 year child. then I paid the arrears and withdrawn the case by preventing from maintenance.
after that she filed a DV case along with maintenance application. In DV she failed to provide any evidence whatever she blamed on us, her cross examination is done in which she is refusing that she is not earning/servicing now, She had mentioned in her petition that I am earning 70,000 rupees P.M
Now next cross examination is mine but here I am confused that can the lawyer of my wife can directly ask to me that how much I am earning although they do not have any proof of my earnings but I don't want to tell lie in court nor I don't want to disclose my earnings before my wife or her lawyer.
Is it lawful to ask me this question about my salary??
How to handle this situation please assist me.
Dr J C Vashista
(Expert) 09 April 2017
That is the basic question for the counsel of your wife while he is conducting your cross-examination. Be ready and prepared to reply, however, it is not a legal query, discuss with your lawyer.
Rajendra K Goyal
(Expert) 09 April 2017
It is within legal procedure to ask such questions.
To handle situation discuss with your lawyer who is well aware with the situation.
Raj Kumar Makkad
(Expert) 14 April 2017
A lawyer is the master of his case and he knows better which questions to be asked from the witness. It shall be better to trust upon your lawyer who is required to personally present there so that he may object to the irrelevant questions to be raised.
Guest
(Expert) 14 April 2017
Agreed with Senior Experts/Senior Advocates DR.J.C.Vashista and Mr.Rajendra K Goyal.Well Advised.
Guest
(Expert) 14 April 2017
The Question of your other side Advocate is one of basic important which can not be objected and the Honorable Court would Certainly Accept It.
M V Gupta
(Expert) 15 April 2017
While u cannot avoid answering the question by ur wife's advocate about ur salary, in ur evidence in chief u may provide proof of ur wife's service and salary earned by her. you may also mention the high court order in which the court had denied maintenance to her. Ofcourse the criteria for grant of maintenance to wife in DV case my be different and the court may grant maintenance even if the wife is earning. While doing so the DV court may take into account her earning and urs and decide the quantum of maintenance to be granted to her and the child.
