25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suryaa.saravanan (other)     30 August 2013

Maintenance and arrears in dv act

i am suryaa, i got married in 2010 in April, my wife left my home in June we stayed with two months. we don't have any child. we are still separated from June 2010. in march 2011 my wife filed DV Act Section 12. i was working with govt department as adhoc basis. my job was terminated in June 2010. after that i am not find a good job. she is asking maintenance. write now i dont have job. but she is working as a Maid. she filed affidavit in court she is not working but she is working. judge order 4000 per month and arrears from March 2011. what should i do sir,, any judgments how can stop maintenance please help me sir



Learning

 5 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     30 August 2013

Dear Suryaa ,

Not working is not an escape to get away with maintainance its her right what you can do is you can file appeal for the said order .Question here is if you are not working how you manage your daily expenses .  You file appeal to reduce the monthly maintainance on grounds of your unemployment but in that case you have to satisfy the court that you are  unemployed and its difficult even for you to manage your day to day affairs. Than only your prayers shall be considered.

Regards,

Adv.NIKHIL SETH

Mumbai 

Suryaa.saravanan (other)     30 August 2013

no sir i am not appeal, Sir.. i am staying with my sister & brother in Law they are helping me. she is working as a domestic helper and earning 12000 per month but how can i prove in court she is working. because she dont have any salary slip and it details how can i prove. she staying only one month with me still we are seprated dont have any child. if i say she working as domestic helper court can belive or not.


(Guest)

If she is working as House maid and drawing the consolidated salary of 12000/- as cash then you should get the certified letter from that particular house owner where she is working.Otherwise it is not possible to deny her claims.

Samir N (General Queries) (Business)     31 August 2013

Usually I am NOT sympathetic to women as I was myself a victim of all kinds of harassment through DV, police complaint, etc.

But, in your case, your wife is working as a maid. She must be really in need of money. As for you, you say that you are not working at all.  Thats not an acceptable situation to get sympathy from fellow husbands or ex-husbands. If you can access this site and write English to participate in this forum,  you can get some job somewhere. Find some work and pay her at least something. 

Sorry, in my opinion, your situation deserves no sympathy or help on this forum. Others may feel differently.

Victim of Greed (Worker)     04 September 2013

Hello Surya,

There are many judgements for no maintenance for women who are capable / well educated.. In your case, if your wife is well educated then there are many chances to save youself...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query