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Raja_498a Victim (Manager)     13 August 2013

Maintenance in dv, even if wife is working

Hello Experts, My Wife filed false 498a case last Yr 2012 and still case is in apperance stage and CC has been filed. She didn't even stay in matrimonial house for 1 yr. Only 11 months. Recently my wife filed DV case. I have following questions. 1) She asked relief 20,000 per month and asked for residential relief. I have proof from IT and form 16 2013 that she is earning 40,000 per month. She left matrimonial home after 11 months of marriage. Am I liable to pay interim maintenance in DV case. I get 70,000 per month. 2) How much time does it take to complete DV case. 3) She put all false allegations in DV which cannot be proven. How strong DV case? There were no injuries reported and no major issues. Just to harrass she filed DV. Please advise.


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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 August 2013

You have to prove that you have not neglected her wilfully.

fighting back (exec)     13 August 2013

dont worry. DV cases are just for harrassment and to extract money from you, it is a legal gun in the hands of women.

all provisions are built in dv for women, i am fighting the same.

file your say, with her income proofs and your income statement. the court might give her an interim relief

she might ask for the moon, but she will get a 'real' amount the judge deems fit, she can ask for residential orders in her DV.

where is she staying? with you or at her place? who is paying the rent ? if she is in rented place, are you paying her periodical payments?

DV case goes on for years. so dont worry

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 August 2013

"Where a wife has no income or is without any support for maintaining herself, the court has to pass an order considering the income and living status of the husband. However, where the wife and husband both are earning and having good salary, an order is not required

Raja_498a Victim (Manager)     13 August 2013

Thanks for inputs. I got Summons last week only, however DV petition says it filed on 12/9/2012 and my wife is expecting money from Sep 2012 onwards. How to handle this issue? Does judge consider maintenance from 12/9/2012? This clearly shows she is misusing DV to extract money... Please advise.

stanley (Freedom)     14 August 2013

As she is a working women she will not get any maintanence . But if you have children than she can claim maintanence for the children and it is co-extensive .

Whatever allegations she has leveyed  the same has to be proved . let the case come to evidence stage and cross examination all you have to do is watch the fun. Till than relax have a Beer and stop thinking about the Dv case let her think how to prove the same as the onus is on her to prove the allegations .:D

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