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Kiran (sdd)     31 January 2016

Query regarding interim maintenance in dv

Hi,

My wife has filed a DV case against me and my parents almost an year back which is coming to hearing next month.We don't have children. she has claimed 30,000 per month interim maintenance. My salary is  50,000 per month. My lawyer is suggesting to put salary as just 25000 in the counter to DV. 

I some how feel it can be easily disproved.My wife knows  where I work and how much I earn. Please suggest if this is a good thing to do( showing less salary).

 



Learning

 8 Replies

jagannath magar   01 February 2016

You are thinking in right direction. Don't put wrong salary.court helps for those who are coming with clean hands .convince the courts your liabilities to lower down maintenance amount. However try to settle the issue by paying one time maintenance and mutual consent divorce. Fighting in courts means curtailment in life's of both party by paying huge amounts to lawyer. So taking help of senior relatives try for amicable solution.

jaig   01 February 2016

I strongly agree with the above reply. I have read many judgement where the judge denied to show any consideration to husband who did not honestly disclose his salary slips. Rather I's say be completely transparent with your salary, however think of your liabilities expenses, loan etc.

Vinayak   01 February 2016

Salary is NOT the only consideration for grant or refusal of maintenance. conduct of parties is the MOST important

when NO DV is proven, NO maintenance is to be granted

there are umpteen judgements where wives have been denied maintenance in DV because they could NOT prove domestic violence !!

check here for MANY such cases
https://vinayak.wordpress.com/2015/12/25/36-dv-cases-for-this-season-36-cases-where-husband-and-in-laws-won-and-or-maintenance-was-denied-to-wife/

the above is a work in progress

should you know more such cases please let me kknow (post as comments to the above blog) and I will add it to the blog

regards

Vinayak

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 February 2016

I cant beleive that people are advising others to commit perjury in court. This forum is a platform to guide people who are caught up in legal turmoil. Instead some people are in fact advising others to lie before the court and not disclose the true facts. This kind of advise should be frowned upon.

Dear querist, understand this. Paying maintenance to the wife is not optional. It is mandatory, unless you can prove that she is earneing herself or is comptent of earning.  Help me help you by telling me how educated your wife is and what her qualifications are.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 February 2016

I have personally argued at least 4-5 cases where maintenance has been refused to the wife. Totally depends on the nature of the case.

Kiran (sdd)     03 February 2016

@Augustine : My wife has a Bachelor of Engineering in computer science but she never worked. She did not mention this in her petition. I have asked my lawyer to mention this in the counter. She also has a property /land worth may be around 50 to60 lakh.

Also  I have to travel almost 1200 km to attend court hearings from the city I work. My lawyer said he will file an application to exempt me from physical appearance. If that application is rejected will I have to attend all court hearings ? What will be the consequences if I miss one or two hearings? Please  suggest.

Reformist !!! (Other)     03 February 2016

Dont ever even think of lying in court. Go to court ONLY with clean hands. Moreover, go through the Court fees act of your state and see if she has filed the DV case with correct court fees as maintenance is being asked you, then you MUST raise this in your Preliminary Objection if court fees has not been attached as per the act and you can get the case dismissed on this point as well.

Also, as Vinayak said in several cases maintenance has been denied to the wife because of unclean hands and hiding material facts, so concentrate on them and dont do any perjury in court. Fight like Arjun and your goal should be to get the maintenance rejected.

Vinayak's blog has excellent judgments. You can even visit Mens right india or 498a.org websites for maintenance judgments. Keep your spirits high and win the case on merits which will satisy you as well.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 February 2016

2015 (4) CIvil Court Cases 111(P & H)

The above mentioned judgement states that the respondent need not appear on every date before the domestic violence court. Use it

Also as far as her educational qualifications are concerned , if she is so educated, then she ought to work. Educated woman cant be allowed to sit at home and place burden on her husband.

Use these citations

Mamta Jaiswal vs Rajesh Jaiswal  : DMC II (2000) 170

Damanpreet Kaur vs Indermeet Singh  Cr;l Rev Petition no 344/2011

This judgement is regarding the fact that a woman who does not approach a court with clean hands does not deserve any relief :

Akanksha Jain vs Manish Jain Cm(m) no 910/2010 Delhi High Court


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