Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arjun   26 November 2016

Help needed on interim maintenance hearing

Hi,

My wife filed false DVC case and Interim Maintenance case. Hearing in maintenance will start soon. 

1. She is well educated and able to earn.

2. She left my company 20 months back and filed the cases after 1 year.

3. She switched to other company 10 months back. I dont know her present employer.But I am sure that she is working some where.

In this case, how can i prove her employment and what are steps i need to take to succeed in this case.

 

Thanks,

Arjun



Learning

 14 Replies


(Guest)

Ways to prove that she is working,

 

Hire services of private detective who can keep eye on her as to her movements, follow her etc and collect information.

 

Secondly ask appointment of Court Commissioner who can legally get details of your wifes employment, her fixed assets and bank balance etc details.

 

Thirdly you can summon her employer, once you come to know about the name address etc of company where  she works, by giving address of the same to the court.

 

Fourthly during cross examination your Advocate can make her tell the truth in witness box.

Sachin (N.A)     26 November 2016

The concept of interim maintenance is for the women who is not capable to earn, but as you mentioned that she has worked in your company. So, she is not entitled to get interim maintenance and your defence should be.

 

1. Previously working wife not entitled to maintenance.

2. Educated wife not entitled to get maintenance.

3. Women who left the job, is not entitled to get maintenance

 

There are many judgements available online; on above mentioned points, you should submit some judgements in support of your argument.

 

1 Like

Arjun   26 November 2016

Thank You Helping hand and Sachin. 

Two more questions.

1. The next step in this case is "Argument from wife's lawyer". During this will they ask any questions to me?

2. By knowing all the facts that she is able to earn and worked earlier, how come the judge allowed her interim petition for hearing.

Thanks,

Arjun

 

Sachin (N.A)     26 November 2016

Originally posted by : Arjun

Thank You Helping hand and Sachin. 

Two more questions.

1. The next step in this case is "Argument from wife's lawyer". During this will they ask any questions to me?

 

No, it is the argument stage, no lawyer can question opposite party. 

2. By knowing all the facts that she is able to earn and worked earlier, how come the judge allowed her interim petition for hearing.

Court will hear the application it is your job to convince the court that she is not entitled to get maintenance. And it is very  difficult job to win the stage of interim maintenance.

Gud luck...



 

 

Arjun   26 November 2016

Sachin Sir,

1. Shall I request the court to submit her recent IT returns and bank statements?

2. In general, how long will the interim arguments take place?

Thanks,

Arjun

Sachin (N.A)     26 November 2016

Originally posted by : Arjun

Sachin Sir,

1. Shall I request the court to submit her recent IT returns and bank statements?

Yes, you can and in delhi it is mandatory to file income affidavit to both parties and it is very detailed affidavit with supported documents  

2. In general, how long will the interim arguments take place?

After copmpletion of arguments court will pronounce its order.


 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     26 November 2016

Interim maintenance application is disposed off expeditiously.  So, before starting of the arguments, you should ask the court to direct the wife her bank statements and IT returns on an affidavit, so that she will not conceal her bank passbook where she is depositing her salary, but show some other bank's passbook to mislead the court.

Arjun   26 November 2016

Thank you Sachin Sir.

Samparpan Sir,

Do I need to aske them in a written petition or orally?

Sachin (N.A)     26 November 2016

Its up to you. You need to decide that how can you convince the judge on your points

 

Both the options are open.

Arjun   26 November 2016

This seems to be a good option.

Any how, i have mentioned these points(wife has to submit her IT returns and account details) in my counter.

I will try to bring them to Judge' notice again.

Thanks,

Arjun

Arjun   26 November 2016

One more imp question.

There is no DIR report in this case. I feel it is mandatory for any DV case. 

can the judge proceed with out DIR?

Thanks,

Arjun

Arjun   27 November 2016

One more imp question. There is no DIR report in this case. I feel it is mandatory for any DV case. 

can the judge proceed with out DIR?

Thanks, Arjun

 

deepak kumar (.............)     20 December 2016

Originally posted by : Helping Hand !
Ways to prove that she is working,

 

Hire services of private detective who can keep eye on her as to her movements, follow her etc and collect information.

 

Secondly ask appointment of Court Commissioner who can legally get details of your wifes employment, her fixed assets and bank balance etc details.

 SIR CAN I TELL TO MY FRIEND (WIFE AND DAUGHTER) TO TELL BEFORE THE COURT TO APPLOINT COURT COMMISSIONER WHO GET DETAILS OF HIS HUSBAND INCOME AND FIXED ASSETS BANK BALANCE. HUSBAND LIVE IN JAIPUR AND WIFE FILLED A 125 CRPC CASE IN DELHI .

Thirdly you can summon her employer, once you come to know about the name address etc of company where  she works, by giving address of the same to the court.

 

Fourthly during cross examination your Advocate can make her tell the truth in witness box.

 

Ashwin   09 April 2018

thank you sir


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query