Rahul 14 June 2017
Vijay Kumar (Advocate) 14 June 2017
As per law, wife and child are entitled to same status as they would have enjoyed if they had lived in matrimonial home.
She earning less than her husband; has double liability. Father is bound to maintain child.
Born Fighter (xxx) 14 June 2017
In legal battles one should play their cards carefully and smartly.
You should have filed an application in the court asking your wife to produce details of her current employment with the school (that she is working) and bank statement (by giving her account details) and asked her to clarify her stand on Affidavit if she is not working. In return she would have either lied on affidavit or admitted her employment. If she would have lied on Affidavit then u had a stronger case for perjury.
Even now the interim application is produced on Affidavit so u have the right to file perjury. Just ensure you have a STRONG / AGRESSIVE LAWYER by ur side to push the case of PERJURY as judges are lenient towards women and Judge may overlook ur Perjury application.
Now coming to the question of maintenance if wife is earning 25k then she should not get any maintenance for herself. However u will have to pay for child. In fact you should ask court to SPLIT maintenance for child on basis of proportion of income of spouses. There is a SC judgement that maintenance for child is co-extensive
Go thru my earlier posting ..
read my reply https://www.lawyersclubindia.com/forum/Enhancement-of-maintenance-to-girl-child-149787.asp Read more at: https://www.lawyersclubindia.com/forum/Increase-in-interim-maintanence-147938.asp
Read more at: https://www.lawyersclubindia.com/forum/Handicap-unemployed-husband-needs-to-pay-rs-9000-interim-149922.asp
Give break up of what could be reasonable maintenance for child based on his/her age and ask court to split the maintenance between parents.
Use Perjury card to bring about a one time decent settlement and Move on in Life !!!