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Rishi kumar   07 October 2017

Petition in dv case

Hi all,

MY DV case is running. Started paying interim maintenance. Arrears of about 12 months are there. OP asking for arrears. 

My question her is, can I put a petition requesting the court to instruct the post graduate wife to find out a job for herself?  I would like to tell the court that I am ready to,pay maintenance for 6 more months and then she can find a job for herself during the time. 

Or this request can only be made in the family court where I have filed for divorce? In the family court she has not asked for any maintenance , has only asked for the divorce petition to be dismissed.

in the metro we live, there are plenty of opportunities for everyone who would like to earn for themselves. Be it the hospitality industry, IT sector, or even the toll booths are manned by ladies. My pretty postgraduate wife who was working before marriage can easily fit into any of these. I would like to put these things most politely before the honourable court.

kindly suggest these can be done in DV or only in family court when she asks for arrears.



 3 Replies

Vijay Raj Mahajan (Advocate)     07 October 2017

It's interim maintenance that has been allowed to her from the date of application that you will have to pay now. Your plea about her being postgraduate, working previously will help you at the final disposal of her DV application. Mamta Jaiswal case as well Rupali Gupta case will help you to get order for her to work rather depend on you.
1 Like

Sachin (N.A)     07 October 2017

Originally posted by : Rishi kumar
Hi all,

MY DV case is running. Started paying interim maintenance. Arrears of about 12 months are there. OP asking for arrears. 

My question her is, can I put a petition requesting the court to instruct the post graduate wife to find out a job for herself?  I would like to tell the court that I am ready to,pay maintenance for 6 more months and then she can find a job for herself during the time. 

Or this request can only be made in the family court where I have filed for divorce? In the family court she has not asked for any maintenance , has only asked for the divorce petition to be dismissed.

in the metro we live, there are plenty of opportunities for everyone who would like to earn for themselves. Be it the hospitality industry, IT sector, or even the toll booths are manned by ladies. My pretty postgraduate wife who was working before marriage can easily fit into any of these. I would like to put these things most politely before the honourable court.

kindly suggest these can be done in DV or only in family court when she asks for arrears.

 

No purpose will be served if you give this arguments at the time of final order bacause if your wife will not able to prove her allegations she will not be entitled for any relief , If you want to challange the order of interim maintenance file an appeal u/s 29 of DV stating above grounds . There are many judgements available stating " highly educated wife not entitled for maintenance'

1 Like

Siddharth Srivastava (Advocate)     07 October 2017

No. As such you can not put any such request to court nor the court can ask or compell her to take up job so as to absolve you from making payment on account of maintenance. But yes, being her qualified will help you at the time of final disposal 

1 Like

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