Raja_498a Victim (Manager) 16 August 2013

Dv interim maintenance - need help

Experts,

There is one confusion in DV Interim Maintenance.

My wife filed false 498a first and then DVC.

She asked maintenance of 20,000 per month and accommodation.

She didn't even stay 1 yr in matrimonial home.

She gets 40,000 per month (Includes HRA of 7000 per month) and I get close to 70,000 per month.

I have her 26AS for last 3 yrs which show 40,000 per month as her salary.

Now Question is,

Judge just pass interim order of some X amount and then considers 26AS during trial?

Or can he directly declines interim maintenance and accommodation?

I am little bit worried on interim maintenance...Please advise...

Reply Follow

4 Replies

Raja_498a Victim (Manager) 16 August 2013

We have no kids and 26AS forms are 2011, 2012 and 2013 (Till July 2013).

stanley (Freedom) 16 August 2013

AN able bodied working women is not entitled to maintanence as in your case she is earning 40,000. Sumbit her IT returns by way of list of documents and prove that she is working and her interiem maintanence will get rejected .

In DV she can ask for right for residence and the same can be countered stating that she is drawing an Housing rent allowance of so and so amount .So stay cool and relax .