Sunil Patil (Engg) 17 July 2011

Wife declaring income and then leaving job - Maintenance?

Hello Everyone,

Wife filed a case of Interim Maintenance + Maintenance in Family Court 2 years ago saying she had no source of income.

When she filed the case she was engaged in providing highly customzed professional services and was earning around 50000 quaterly (but stated in her pettion that she was not having any earnings). When I bought this to the notice of the court, she left that service and started to work at a reputed pharma company. Now she has left that service, but come to the court and filed a re-affidavit saying she was earning a horarium by providing professional services and has also lost her 2nd job as its was temporary in nature where she was earning Rs 28000 per month.

She now states again that she has no source of income and needs maintenance.

Can someone please guide me what should be my repsonse to our revised affidavit? Can I say that the entire case should be dismissed as it is not maintainable and she has taken away the valuable time of judiciary of 2 years by stating falsely in our orginal petition and only when she has lost the job she has truned up again pressing for maintenance?

Thanks everyone.

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5 Replies

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT) 17 July 2011

Dear Friend,

If you have conclusive evident ot proove that at the time of maintance petition file by your wife itself she was earning and she has suppressed the fact to the court, then your case will be favourable to you. You can take a stand that your wife has not approched the court with clean hand and your proof also will be put her as red handed.

Sunil Patil (Engg) 17 July 2011

Thank you Sir.

Yes have the proof that she received income before filing the petition in the form of her bank statment.

Thanks.

Ms Liberal (others) 17 July 2011

Its all depend upon your income too Surely yes, she cannot claim much maintainence if she is earning but here its is not regular source as she has been frequently changing her jobs. If you are earning very high as comapre to her income You still have to pay the maintanace and then will rises if she has the child. Later on she may file for enhancement of maintanace

Ravinder Kumar (Account Director) 17 July 2011

@Owner: As u mentioned that she herself accepted dat she was earing Rs. 28000/month, the court is goin to consider dat her earning (capacity) if you take forward your case properly and she will get maintenance only if your salary is very high or she keeps ur kid (if any)..

Friend please also keep in mind that if her lawyer is smart and you are not able to prove her earning capacity and court accepts her contention dan court may deciede maintenance amount as per her previous salary..

So best of luck, keep reading posts at LCI ..

Ms Liberal (others) 17 July 2011

May use RTI to knwo about the details of her salary and injustice should not be caused to any one.You may approach for appellate court if you think injustice has cause to you