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navdeep (ABM)     20 April 2014

How maintainence is decided?

My wife in 498 states that i dont earn and harrass her in drunken state. in DV case she states that i have a 62k p.m. salary. how is the maintainence decide in DV case as well as in divorce as i have filed for divorce also?

Do she need to proove or mere her allegations are sufficient?


 4 Replies

cyberlawyer (barrister)     20 April 2014

Place the statement made by her as proof that you are not earning as she herself as admitted the same before the DV act. Atleast a lower amount will be fixed if you do so. 

Maintenance will be fixed  by the social status of the parties, the earning capacity of the husband and whether the wife could be employed, the luxury enjoyed by the wife before the dispute. 

1 Like

mahavir singh (ADVOCACY)     20 April 2014

Maintenance is decided on basis of salary of husband. Libalites attached with wife. Standard of living before dispute arose. You have to prove alleged allegations levelled on you. For more call 09910657998 mahavir singh advocate.
1 Like

laxmi kant joshi (instructor)     20 April 2014

Navdeep in498a case she alligate you that you didn't earn and on DV case she submits that your earning is 62k p.m. , both statement are contrary to eachother , you can submit her dv statement/ petition before the magistrate in 498a case and can prove that she willingly by malafide intention file false dowry harassment case against you by stating that you didn't earn and in other false case she submits that i earn 62000p.m. , it clearly proves she had filed false case hence her case may be liable to dismiss on giving and filing wrong and false allegation upon you , she may also be punished for perjury as she had given knowingly false statement on oath . same you do in the DV case submit her statement/ petition before the magistrate and show him how big liar she is , she is misusing the law same as above made a request to the court to dismiss her case and give decision in your favour , 2. regarding your salary court need salary proof for that court can direct your manager to bring your service detail along with salary and other facilities you are getting . 3 generally while calculating maintenance amount judges kept certain points in their mind they were as salary of husband , his liabilities , social status , The living standard of wife/spouse before dispute , earning or non earning condition of wife .
1 Like

pt (swlf)     21 April 2014

I am fighting the case for my sister. Her husband works in foreign country and that company refused to give his salary details. How can we show his salary in court?

Can judge send an order through Embassy to the company to send his salary details?


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