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Tanmay (Engineer)     19 October 2012

Maintenance for a working wife

Hello all,


My wife has filed both DV and 498a cases on me and my family.

DV hearing will commence. I want to know the chances of her getting maintenance because she is working and earning more than me. There is no child either. So I want to understand if the judge can grant maintenance under those circumstances too.  Wife has hidden the information in DV that she is working and prayed for relief of maintenance. I was told by  that some maintenance will be granted by the judge. So I want to know how I can make sure that she is not entitled for maintenance so that judge denies her the maintenance. Please advise.


Thanks in advance for your help. Please provide links to judgements which can be useful. I have seen some judgements on the internet, but not sure which is the most useful one in which I can make sure that maintenance is not granted to my wife.


THanks in advance.


REgards,

Tanmay



Learning

 2 Replies

stanley (Freedom)     19 October 2012

Originally posted by : Tanmay


Hello all,


My wife has filed both DV and 498a cases on me and my family.

DV hearing will commence. I want to know the chances of her getting maintenance because she is working and earning more than me. There is no child either. So I want to understand if the judge can grant maintenance under those circumstances too.  Wife has hidden the information in DV that she is working and prayed for relief of maintenance. I was told by  that some maintenance will be granted by the judge. So I want to know how I can make sure that she is not entitled for maintenance so that judge denies her the maintenance. Please advise.

Has she filed an affidivat claiming that she is not working in case you are 100 % sure she is still working than tell your lawyer to tell her to file an affidivat that she is not working it will help you later on ..

Do you have a salary slip / It retruns of hers than sumbit the same in court .Alternatively under CRPC 91 you can call for the documents provided you know the name and address . You can even hire a detective and call him as a witness to cross examine your wife they will do the needfull .  Lot of judgements where earning wife no maintanence .

Thanks in advance for your help. Please provide links to judgements which can be useful. I have seen some judgements on the internet, but not sure which is the most useful one in which I can make sure that maintenance is not granted to my wife.


THanks in advance.


REgards,

Tanmay

stanley (Freedom)     19 October 2012

1.
Context: Interim Maintenance denied in DV case when wife was working earlier
Complainant: Daman Reet Kaur
Respondent: Indermeet Singh
Judge: Pooja Talwar, MM, Mahila Court
Court: Saket District Court
Complete Judgement: https://498afighthard.wordpress.com/2011 ... king-wife/

2.
District Court, Saket, Delhi
Domestic Violence Act
Daman Reet Kaur vs Indermeet Singh Juneja
Order date: 18 Nov 2010

Summary: Employable wife not entitled to maintenance.

3.
Madras High Court
Hindu Marriage Act
Manokaran alias Ramamoorthy vs M Devaki
Citation: (2003) I MLJ 752 (Mad)
Judgment date 21 Feb 2003

Summary: No interim maintenance to earning wife having sufficient means.

4.
Delhi High Court
Hindu Marriage Act
Manish Kumar vs Pratibha
Judgment dated 18 Sep 2008

Summary: "No maintenance to earning spouse", "Interim maintenance not
for parity between spouses"

5.
Madhya Pradesh High Court
Hindu Marriage Act
Mamta Jaiswal vs Rajesh Jaiswal
Equivalent Citation: 2000 (4) MPHT 457
Judgment date: 24 March 2000

Summary: Educated employable wife not entitled to maintenance

6.
IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.MC No. 3325/2010
KAVERI ..... Petitioner Through Ms. Uma, Advocate
versus
Neel Sagar & Anr. ..... Respondents CORAM:
JUSTICE SHIV NARAYAN DHINGRA
https://indiankanoon.org/doc/1508966/


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