DV Maintenance - wife left job DV Maintenance - wife left job

2 years ago

My wife filed a DV in Feb 2021 and was employed in a firm for 3 years . She resigned job in Jan 2021 on stating personal reasons. and ended her employment in May 2021. She has been working since last 8 years (through married life)
She is Master in Engineering by qualification and looks like she left to get maintenance from me.

I have my paralytic old parents and two childrens . Will DV Court ask me to pay maintenance since she left job , also i have old parents kids as dependents and my salary goes on huge expenses AND TO TAKE CARE OF THEM.

Also she never spend money and has got good bank balance before filing DV.

Please help with guidance, what kind of maintaince will i be asked for in such case.

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.no need to worry. all you need is good lawyer to take care of it.
Keep evidence of bank balance and job.
leaving job is not excuse to ask maintenance.
She have to file affidavit for income, assets and liabilities.
instead of you, she have to pa maintenance for kids.
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Abhimanyu Shandilya

Responded 2 years ago

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A.The court may ask for the maintenance to be paid if she applies for that and you will have to present your case and all the fact in front of the court to make good decision. As it depends on all facts and circumstances the court will take cognizance of all and then decide on how much to be paid to her. If she works is economically well to do court will take that into notice.
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Sidhaarth

Responded 2 years ago

A.You can object to award of maintenance to wife who is a qualified professional and was also gainfully employed. Qualifications of wife and her bank balance are sufficient ground to refute her claim for maintenance. Rest depend upon pleadings of parties.
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Ankita Jaiswal

Responded 2 years ago

A.Hi, maintain u r wife u don't deny by laws, but in 2020 year rajnish v neha judgment sc direction both d parties file affidavit on record before court regarding all detail included bank, job salary, etc so u don't worry file application before court, get order against u r wife, she file affidavit before court, it's helpfull hearing both d parties before court, more detail u can approch me,
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Anik

Responded 2 years ago

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A.Hi,
Domestic violence and alimony legislation are both social welfare laws. If domestic violence accusations are proven, you will be held liable. However, if you can show that your wife has evil motives and made up a fictitious case in order to demand money from you and take advantage of protective law, you may be able to get a divorce. The court may then take into account this extraordinary circumstance. But the chances are less since the courts have previously taken a view against the husbands in such cases.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Alimony law is a form of criminal procedure that deals with social justice. The Supreme Court has decided that alimony should be paid to the estranged wife at a rate of 25% of the husband's net wage. However, in rare unusual circumstances where the woman is able to support herself, the courts may allow the husband to pay very little or no maintenance, particularly if you can show that the wife had some dubious motives for asking money from you.

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Abishek Rajmohan

Responded 2 years ago

A.No Court will force you to do so, but yes, if an application seeking for maintenance if filed by your wife before the court, you have all the rights to object to it and with the help of the advocate you can object it mentioning the above expenditure detail by you. Court will hear both the side and pass the order accordingly.
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