Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi (a)     21 April 2014

Two different petitions for maintenance

hello all,

please let me your expertise advise here.


1. in my divorce case, my cruel wife filed a petition to claim legal expenses stating that i am getting x salary.

2. in her dvc case, she filed another petition to claim interim maintenace stating that i am getting y (>x) salary. she filed a week after the petition in step #1

pl let me know if these are maintainable in the eyes of law. will family court and dvc court look at these prayers? will they find out that the wife is not coming with clean hands, stating all false information.

in fact i am getting m salary (<<<<< y), pl let me know how to tackle the situation.

this is urgent pl.

 

regards



Learning

 12 Replies

fighting back (exec)     21 April 2014

nothing new in your case, every other maintainence case is same as yours, there will be multiple cases filed by the wife;s lawyer to fill his own pockets, and loot your wife for fees: you will have to take a copy of the order and file it in your other maintainence case, the higher order will be set off against the lower amount.  its also needs to be seen if your wife has  a copy of your salary slip to prove your salary, if not then she wont be able to prove your income, but to keep your side clean, you file your salary slip and also prove if your wife is working

Mahesh R. Sonawane (Lawyer/Fight for justice)     21 April 2014

She can claim maintenance in both cases, only court has to consider the maintenance amount granted earlier matter for deciding the subsequent matter. You have to point out to the court that there are two maintenance application.

If you get m salary, then don't worry, she is required to prove your income.

If salary certificate are false then go for perjury case.

1 Like

Biswanath Roy (Advocate)     22 April 2014

Under any circumstances you are legally liable to pay maintainence to your wife.  She can file her demand in both of the cases as there is no legal bar..

Shantanu Wavhal (Worker)     22 April 2014

let ur salary be anything from A to Z, the courts make the husband pay.

Advocate Ravinder (Advocate/Attorney)     22 April 2014

I agree with above experts.  

But as per the above, there is only one maintenance petition.  The other one is petition for legal expenses. 

great india (manager)     22 April 2014

Yes ravindra is right. And also higher is set off against lower amount. Chill. But defend all cases

great india (manager)     22 April 2014

Yes ravindra is right. And also higher is set off against lower amount. Chill. But defend all cases

great india (manager)     22 April 2014

Yes ravindra is right. And also higher is set off against lower amount. Chill. But defend all cases

Ravi (a)     23 April 2014

Thank you all for answering this.

actually, she didnt file two petitions but one petition to claim legal expenses and the other petition is just an amendement to main DVC petition. she changed to pay more maintenance in the prayer section.

the petition for claiming legal expenses is returned by the divorce judge, this we came to know yesterday when we were ready to submit the counter. does this mean her petition is rejected or what?

my lawyer says her petition to claim legal has no section, etc. but dont know the actual reason why the Judge returned the petition to her lawyer? judge told us to file affidavit.

 

what is affidavit btw? does this mean my final statement on my divorce petition in the court of law? if so, should i file all evidences like (papers, audio, videos etc.) or wait. if i file all audit/video, my wife will come to know about them and she will get ready in dvc proceedings & 498a proceedings?

also, in the last 498a hearing, she filed a petition to allow the court to let her dvc lawyer also assist PP in 498a case. not sure why she is doing all these. i have all proofs to defend myself.

pl advise how to tackle all these.

T. Kalaiselvan, Advocate (Advocate)     23 April 2014

Firstly her DV case lawyer on being permitted by court, will just be assisting the PP in 498a case and he will not be allowed to prosecute on behalf of the PP.  About her contradictory statement of your salary from one case to another can be challenged by filing certified copies of her statement from one court to another accordingly. The details of your other queries is not known i.e., the status of the divorce case, stage and what had happened so far, who filed the divorce case, whether you or she, so it is better be in touch with your lawyer about all these and get clarified.

Ravi (a)     24 April 2014

Thank you sir.

1. i filed the divorce

2. she got it trasnferred to her city thru supreme court

3. she replied to my divorce petition denying all facts

4. she applied with a petition under sec24 HMA to claim legal expenses

5. we prepared the counter reply to that

6. when we were in the court, my lawyer said that her petition was returned by the judge due to lack of missing sections.
 of course, her prayers/petition content not clear at all by us, we laughed at her petition content since there was no proper consistency in the content and prayers.

my queries are, why the judge returned the petition?

will they file again? doesnt this mean they are harassing me with wrong content/allegations to squeeze money from me and wasting court's time as well?

 

regards,

Advocate Ravinder (Advocate/Attorney)     24 April 2014

The petition was not returned on merits, but it was returned on procedural defect.  They have right to file the same again.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register