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Raja_498a Victim (Manager)     13 August 2013

Need help on dv interim maintenance calculation

Hello Experts,

My wife filed false DV case last week.

She asked following reliefs.

1) 20,000 per month as maintenance.

2) Residential Relief

3) 20,000 as medical expenses (No Specific illness).

Married in 2011, and she left matrimonial home in 2012, March and filed false 498a. (No injuries and no major issues, just to harrass).

Stayed only 8 months with me. No kids for us.

I some how, managed to get all her 3 Yrs of Income (Form 16) which shows 39,500 as her income.

My earnings are 75,000 per month.

Please let me know, if my wife is entitled for any maintenance?

If so how much she may get? How maintenance will be calculated as no kids for us and marriage does not even lost for 1 yr?

Can Judge reject her Interim maintenance as I have form 16 - 2013, 12 and 11 to show her income 39,500 which is sufficient enough to maintain herself?

How abt residential thing (She can also maintain residential by her self) and more over she only left home and filed 498a in 2012.

 

Please advise.

 

 

 

 

 

 

 



Learning

 7 Replies

Ad Amjad Ali (Advocate )     13 August 2013

The decision of judge regarding maintence of wife depends upon circumstances. It may vary case to case. Generally 1/3 income is allotted for maintance .

Tajobsindia (Senior Partner )     14 August 2013

Que.: Is this some 39 K income you are shouting from roof top for three financial years or per month.

I differ to opinion of Adv. Amjad Ali.

1. However if she is having an income (per month) then no maintenance is allowed under DV act. She can claim the same under Civil laws such as HMA / HAMA.
2. Right to residence is controversial here as per your incomplete brief hence donot wish to add a word on possible outcome as relief in favor of her or otherwise.
3. If no minor illness and she is young able bodied except glycerin overstock and fasting last one day just before next court date then show WHO statistics to ld. Court and say young people such as my spouse should do ‘shramdan’ to orphanage or poor people NGO’s and not beg for medical maintenance being ‘hale and healthy and able bodied’ instead allow me to voluntarily donate medicine needs for sick and dying poor patients in Govt. hospital per month till finality of DV complaint case and also seek nod of approval on name of Govt. Hospital from ld. Judge to proceed ahead!

Raja_498a Victim (Manager)     14 August 2013

Hi, Thanks for inputs. It is 39,000 per month.

stanley (Freedom)     14 August 2013

As your wife is a working able bodied women she does not have a right to maintanence .A lot of judgements on this .

Your wife as per DV act can sit on your lap in your very own house for right to residence under Dv act provided the house is in your name .

Else if the house is in your parents name than she has no rights for right to residence if your parents Disown you :D

But she cant claim rent  provided you state that you dont want her in your house than only can she claim rent from you as the DV act is gender biased  . A lot of permutations and combinations would come into picture if her salary shows that she is being provided with Housing rent allowance in her salary slip  than she is not even eligible for rent .

Hence stay cool relax ,the case would go on for 5-7 years . Both your incomes would be wasted in lawyers fees and time spent wandering around courts . As the end she would gain nothing .;) as i presume her lawyer must have shown her a carrot which she cant even touch or get it even close to her mouth where she can bite it and digest the same . 

Raja_498a Victim (Manager)     14 August 2013

Thanks for inputs.

I know that money will be wasted to lawyers and I never started this mess.

It is she, who started 498a false case and followed by DVC.

I need to fight the case on merits and I am doing that.

Our relatives tried mediation to settle the matter outside but she is looking around 20 Lakhs as settlement which we didn't accept.

She also claimed in DVC as below.

1) 8 Lakhs Dowry she needs back --------> She never gave us and total denial

2) 5 Lakhs marriage expenses ---> false claim

3) 5 Lakhs, I forcefully taken from her ---> People laugh at this statement, how can anybody take 5 Lakhs from her, she is not a Kid.

4) 15 Tuals of Gold...., false calim they didn't give single Tula of Gold


Above claims she made in DVC, apart from maintenance of 20,000 per month.

Sirajudin   06 May 2019

She can't get a single penny

Sirajudin   06 May 2019

Call me 9478014554

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