Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Pragnesh Nathavat (physical therapist)     11 April 2010

wife leaving job 4 interim maintenance in DV

hi all,

my wife is not living with me for almost 2 yrs now. She has filed 498, 125 and DV all against me. I had filed 
RCR but recently i withdrew my RCR and now preparing to file divorce suit. My wife has admitted in various notices and even in her 125 petition that she earns 18000 per month. My IT returns show that i don't earn more than 10000 per month deducting expenses. My lawyer says that now she can not ask for interim maintenance anywhere else except only in her domestic violence case, because we have already withdrew RCR. But now i anticipate that she will leave her job specially to harass me and ask for interim maintenance in her DV case. if she leaves job and ask for interim maintenance, wud court order me to give that straight away? or burden is on her to prove that she has not left job just for getting maintenance? or burden is on me to prove that she has left job just for getting maintenance?



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 April 2010

No order is passed straight way without giving the opponant a chance to contest the same. In such a situation you file the proof  of her own statement in the case u/s. 125 i.e the certified copy of the complaint and that there is no good reason for her to leave the job, but have done it just to extract maintainance and that she can maintain herself very well.

Legal Fighter (Advocate)     11 April 2010

there r judgments which r in ur favor if she leaves job for seeking maintenance. i think u have a good case. in DV case, press that no interim order is passed and only final order is passed after complete trial.

sibasish pattanayak (lawyer)     11 April 2010

hi,

please see the judgement passed by honorable mr. justice S.N.DHINGRA IN KAVITA PRASAD CASE         (DELHI HIGH COURT) OCT-2009.SHE IS not entitled to get maintenance from husband .

sibasish pattanayak,

advocate, kolkata.

adv. rajeev ( rajoo ) (practicing advocate)     11 April 2010

if she has got independent income she is not entittle to claim the maintenance, but if she left the job and proved that she is not working then you will have to pay the maintenance.  Burden will be on you also to prove that still she is working.

Parth Chandra (none)     12 April 2010

Hi learned experts....Can anyone plz let us know...

Which of the case from 125 crpc or DV is better (less harmful) for husband's....I m asking this as my wife has filed 125 crpc in which only one hearing has gone....and now preparing for DV against me and my family....What are pros and cons of both the sections...

Awaiting your replies....

Adv Archana Deshmukh (Practicing Advocate)     21 April 2010

A case u/s. 125 crpc is filed only for seeking maintainance while the DV Act provides for various other reliefs such as the woman can seek protection order, residance orders, compensation for the harrassment sufferred etc etc besides maintainance.


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