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CGM (None)     13 May 2015

Dv case on me, what to do if my earnings increase?

I am in a confusing situation guys.

 

My wife filed a DV case on me some years ago, and her maintenance was rejected as she's earning well. However I was asked to pay 20% of my income as maintenance to my child.

 

That case has been dragging for more than 3 years.

 

Now due to some fresh opportunities my income is going up, it has become 2x of what I used to earn, but I am not sure if it's a good thing or a bad thing.

 

If my income goes up 2x or 3x, would it make it possible for my wife to file maintenance afresh and get more money from me even if the income went up during separation when she was not in cohabitation?

 

She's naming a big price for divorce (60 lakhs). I offered her 30 but she declined. Frankly I don't want to give her anything, biut my prospects are improving and I might earn a lot of money in the future. Keeping that in mind could it be a better idea to pay the cost and exit now?

 

There's no other case apart from DV. 

 

Please give me suggestions friends.



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 2 Replies

saravanan s (legal advisor)     13 May 2015

My wife filed a DV case on me some years ago, and her maintenance was rejected as she's earning well. However I was asked to pay 20% of my income as maintenance to my child.

 

That case has been dragging for more than 3 years.

 

Now due to some fresh opportunities my income is going up, it has become 2x of what I used to earn, but I am not sure if it's a good thing or a bad thing.

 

If my income goes up 2x or 3x, would it make it possible for my wife to file maintenance afresh and get more money from me even if the income went up during separation when she was not in cohabitation?

 

She's naming a big price for divorce (60 lakhs). I offered her 30 but she declined. Frankly I don't want to give her anything, biut my prospects are improving and I might earn a lot of money in the future. Keeping that in mind could it be a better idea to pay the cost and exit now?

 

There's no other case apart from DV. 

 

even after maintenance is awarded in dv case she can file with your proof of increased income a modification petition praying the court to award increased maintenance.

is she agreeing for mcd.if so work out the mou carefully.never forget to mention that she wonyt lay any claim in the future and also she wont file any cases against you in future as 498a can be filed even after several years of divorce and also withdraw any case presently filed on you.

if you want to settle some amount as one time alimony in mcd do it before the judge at the time of second motion (before the final decree is awarded)

KarmaHaunts2015 (owner)     13 May 2015

Did domestic violence happen as per her claims ??

If not and if you can prove she left without any valid reason , she wont get anything from you for life long

Have Patience and concentrate on refuting her allegations.  Dont pay such greedy women anything !

If ur r still forced to go for MCD then give entire money in the name of the kid only, let her be dependent on ur Child.  


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