Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dinesh mehta (fresher)     11 April 2010

doctor wife asking for 25000 interim money ( hmp 24)

ho to all...  i am doctor in surat gujarat.. my wife is doctor too... she has left me since last 3 year after 1 year of active married life..

she is not coming back after all kind of  attemp for compromise..

now sahe has tols family court judge that she wants divorce inspite my HMP9 since last 8 months..and she is asking 25000/- pm interim money.. she is also from surat.. kindly advise me that earning wife without any issue can ask such large amopunt ??? and if she asks, will court permit her for it ???



Learning

 9 Replies

mohammed mazharuddin (Associate Lawyer)     11 April 2010

Mr.Rupam a wife has a right to ask for maintenance now the buden lies on you to prove that she is still working and earning fruitful so that she doesnt require any maintenance. Make sure that she has not resigned the job and wnts to harrass you to have maintenance. If dont have any issues than the claim is rediculous the court will not accept it unless you bring into the notice of the court that you doen't have the sufficient income to pay her and she is very much earning alike you.

 

Regards

M.MAZHARUDDIN

jai_maharashtra (Designer)     11 April 2010

If your wife is not earning, then you will have to pay her maintenance as the Court may think just, considering your Income & Liabilities.

But  is she is earning good, and you can prove it in Court, here is a very good judgment which you can use to counter her: https://ipc498a.files.wordpress.com/2008/10/justice-dhingra-explains-section-24-hma.pdf

Stick on to your HMP9 (AT ANY COST), to deny her permanant maintenance or alimony, even if she files for divorce.

Legal Fighter (Advocate)     11 April 2010

i would suggest u to take a stand that u r ready to pay reasonable maintenance if she is ready to work for 8 hours in some charitable hospital so that society is benefited. this will expose her.

1 Like

Pragnesh Nathavat (physical therapist)     11 April 2010

what an idea!!!!! legal fighter sir ji...this idea will help me also. coz i also doubt that my wife may change her recent job where she has admitted in the petitions and say that she has left job and work somewhere secretly. this arguement wil help me a lot.


(Guest)

there is one judment by dhingra ji(shri S N Dhingra) for a dr wife in delhi hc , search it. if u have no progeny this judgement will help u a lot if u dont get it mail or pm me i will try to get it for u

Parth Chandra (none)     12 April 2010

Hi,

If the burden of proof to show wife's salary is on husband then ... is it true that its wife's responsibility to proove husband's salary?

Suchitra. S (Advocate)     13 April 2010

Sir, please go through the following link. That may be of some use to you.

 

https://www.hindustantimes.com/News-Feed/india/Working-women-can-claim-maintenance/Article1-260372.aspx

Dinesh mehta (fresher)     13 April 2010

sorry to all good persons who responded me.. i forgot to mention some important facts...

my wife runs her own clinic ( and she is specialist doctor).. so its difficult to prove her real income.. as she is not salaried

but somehow i managed to have her incometax return and that show 1.5 lacs per anum ( she has told judge that her income is not sufficient for her to live life like her matrimonial home

( may i show incometax return to judge ?? kindly advice me-- or its illegal)..

now after her claim for maintainance she has added another doctor's name on her clinic board, showing that he is her partner and the lots of patients are visiting that another doctor not her !!!!


i have my medical machine on which i am totally dependent for my income and i am paying instalments of it ( can court conside the loan and installments or will decide maintainance on my gross income???

kindly help me once again ..

Bobby Mani T (Lawyer)     23 April 2010

you can very well prove that she is conducting her own hospital,you have to take records from the health department and local authority.  there by reduce the maintenance money


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