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Nidhi Joshi (Clerk)     01 June 2011

Interim Maintenance in Domestic Violence if wife is working

Married in 2006. Applied for divorce in 2007 on basis of cruelty and desertion. Wife has put the case of Domestic violence after 2 years and the order has been passed for interim maintence of Rs. 5000/-

Is a working and educated wife earing Rs. 30000/- get interim maintenance.?

please advice

 

 



 15 Replies

Tajobsindia (Senior Partner )     01 June 2011

@ Author

1. The advise is a big NO.

1 Like

ADV Rajesh KASRIJA (ADVOCATE)     01 June 2011

.u must prover her earning then she csn not claim

adv. rajeev ( rajoo ) (practicing advocate)     01 June 2011

working woman is not entittle to claim maintenance, burden lies on you to prove that she is working.

Nidhi Joshi (Clerk)     01 June 2011

Can you please give some judgements already passed by the court

galsober@yahoo.co.in (def)     02 June 2011

U have to surf this site as well as google. Planty of them easily available

Arup (UNEMPLOYED)     02 June 2011

Is a working and educated wife earing Rs. 30000/- get interim maintenance.?

 

---   no, challenge the order at high court.

perhaps she gave false affidevit. get it checked. if so it is cheating and contempt of court.

Nidhi Joshi (Clerk)     03 June 2011

Thank you Mr. Arup.

She has put the case of DV in whihc she has mentioned that she isworking and  earing Rs.10000/- . and asked for interim maintenance .the court has ordered for Rs. 5000/- interim maintenance.

We have verbal proof  that she is earning Rs. 30000/-. She is not filing her salary statements

Now she is even  delaying to file the affidavit  as the interim order of Rs 5000/- is passed

 


(Guest)

if Court summons then Her employer is bound to serve her income cerificate.consult with your lawyer.

Adv Aileen Marques (Lawyer)     20 June 2011

Maintenance is decided by comparing the Husband's income and the wife's income and their liabilities. If the man is earning more than the woman, the woman qualifies for the maintenance. If the woman is earning, she will still be given maintenance.

2 Like

Adv. Chandrasekhar (Advocate)     21 June 2011

I agree with Aillen.

1 Like

Jehpatel (Manager)     23 February 2013

I think most of the my advocate friends are with pre notion of complusary maintainece whether wife is earning or educated, Question can wife claim maintainence if she well educated ( Msc) or employed if yes then all wife will stop working start claiming maintainence from husband these is nothing but creating a way for easy money 

My Observation under DVC is 

1. If wife is well educated then we should press ont he fact that she can maintain herself for rest of life 

2. Very fact that she claimed that she is earning 10k is good proof that she can get more salary in future to maintain her self .

3. Status of any individual can change any time in couse of time but that does not mean maintain has to be granted based on the status

1 Like

Victim of Greed (Worker)     19 August 2013

I totally agree with Jehpatel.

LIYANA SHAJI   24 June 2020

Hello,

It was held in Binita Dass v. Uttam Kumar that the  Magistrate cannot deny interim maintenance to wife only because she has earning capacity or is a qualified person.

Hope this answers ypur query.

 

Regards, 

Liyana Shaji


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