How to fight interim maintenance case

rohan (Querist) 12 January 2017 This query is : Resolved
respected Sir/mam / site members, thankyou for creating this platform.

I am facing an Interim maintenance case from my wife. she is a BDS( dentist) and had 6 years of working experience. he last job pay was 25000 rs per month.

on the other hand i am b.com and i work for a BPO and is geeting 12400 rs per month currently as per my salary slip.

My manager told me if Dv is proved, they will terminate me. about Dv is am sure it wont be proved as i never did any such dirty activity. i always spent on my wife and helped her.

Plz guide me about how should i fight this Interim maintenance case. and if i quit my job and show myself as unemployed for some time, and show that i got fired, can that help me.

Respected Mam/sir plz help me, i am in lots of tension

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rohan (Querist) 12 January 2017
Also may i add that i read on google that incase domestic violence is not proved, wife cant get Interim maintenance. is it true or just a statement on internet?

Ms.Usha Kapoor (Expert) 13 January 2017
Yes if DV is not proved interim maintenance can't be granted.

rohan (Querist) 13 January 2017
Thankyou Madam Ms.Usha kapoor for the reply.

Madam also plz guide , that after going through court case and facing all these things, is it for sure that a husband & wife cannot unite again & if they do, sooner or later they will again collapse. Or is it possible that they can again live together and end up making a nice future.

Madam in my case the problem is not my wife or me. we both were happy together, the issue is whenever some kalesh happens in my home my wife calls her mom and her mom decides what will happen in my home.
I told my wife if kalesh is happening with you then ur parents should speak, but if its related to my household then we will handle it ourself.
But my wife listens to her mother more than she listens to me.
My wife was kept like a doll in our home , but the issue is she conveys every detail of our home to her mom and her mom interferes .
Due to this she end up fighting with me and ran away to her home and framed me in this case.
In such situation plz share ur exp that after going through false case on me, should i still think abt allowing her back in my life, or should i think its over. Or is it just emotions from my end that i am still thinking this way, but she is not thinking abt all this? Respected madam plz guide me. thankyou

Rajendra K Goyal (Expert) 13 January 2017
It is better and advisable to have amicable settlement and save marriage. Take help of relatives, family friends, society leaders.

Court may allow interim maintenance, bring all factors of her earning, past / present on court file for final verdict on maintenance.

Try to have dialogue / telephone conversation with her. If possible record such conversation.

rohan (Querist) 13 January 2017
But sir Dv has not happened with her, no FIR / MLC etc. she just ran away from my home. in that case also, can court grant INTERIM Maintainence.. will i get opportunity to prove that her Dv allegation is false

Rajendra K Goyal (Expert) 13 January 2017
DV case is pending against you, now it is for the court to decide whether it happened or not.

Interim maintenance, if ordered, has to be paid till decision on final maintenance / challenged and ordered otherwise by competitive court.

rohan (Querist) 13 January 2017
Thankyou for the advice Respected Rajendra K Goyal sir. If i understood what u said - Interim maintenance can we ordered even when DV is yet to be proved.?

Sir this will be very unhuman because i spent all my money on her & she is more capable to earn when compared to me. My salary at this moment is 12400 & her last salary was above 20000.

Well could you plz give me an idea , about how much of my salary will be given to her. we dont have any kids sir and its been 1 year and 4 months since we got married

rohan (Querist) 13 January 2017
Plz Note she is highly qualified and i am a commerce graduate

Rajendra K Goyal (Expert) 13 January 2017
as mentioned, court would consider all facts on record and would decide on merits. If not satisfied with the orders, may go for appeal.

Ms.Usha Kapoor (Expert) 13 January 2017
If foundation of OF LOVE AND TRUST IS STRONG BETWEEN THE TWO OF YOU, HUSBAND AND WIFE, NO CYCLONES CAN WRECK YOUR Matrimonial ship AND IT GOES ON SAILING SMOOTHLY.