• Legal advice on divorce

Hello sir
my wife has filed a case of domestic violence against me with completely false allegations. She has also applied for divorse. I am a highly paid individual holding a diploma but currently i am studying and unemployed. I wil be joining my job soon and will be getting a salary around 1.5 lacs. My wife stayed with me for 1.5 years. She has asked for one time compensation of 40 lacs or monthly compensation of 40000 per month. She has a post graduate degree and works from home ( freelancing) . I have also filed a restitution against her before i got her notice. Sir could you please tell me as to what i must do next and where i stand ? Also how can i minimise the compensation amount and prove her wrong. Thank you sir awaiting reply
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1)Does your wife file income tax returns ? what is her monthly income 

2) gather evidence about her income

3) RCR is useless . because you file RCR she filed DV case against you 

4) file your income tax returns to show you are unemployed and dont have any income . it will be considered by court and may reduce amount of maintenance you may have to pay 

5) contest DV / divorce case on merits
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1) what is the income declared in her income tax returns . working wife is not entitled to maintenance .

2) if wife has filed DV case you have to file   your  reply to  said Dv case . such cases take around 5 years to be disposed of in Mumbai . similarly contested divorce cases take some years to be disposed of . hence advised you to contest the cases filed on merits .
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. You have the right to contest her divorce case by filing your reply supported by an affidavit. 

2. Considering the fact that your wife is well qualified and is earning through a free lancing job she is not entitled to alimony. However, you shall have to produce proof of her earnings in the court to rebut her claim of alimony. 

3. As regards the domestic violence case, you have to prove that she was never subjected to any nature of domestic violence. 

4. Even if the court does hold you liable to give some financial support to your wife your emphasis should be on making sure that the amount can be minimized. To this end you should file your IT returns to show that you are unemployed. However, the catch is that by the time the court considers her case on merits you will already be employed and drawing a salary of Rs.1.5 lakhs, as stated by you. So this recourse may not help you much.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. RCR should, if at all had to be filed, should have been filed prior to filing the DV case. A case of RCR filed subsequent to the filing of DV case is useless. 

2. You have to prove that your wife is earning. Since your salary slip is in her possession she will use it at an appropriate stage in the court proceedings.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. Your next step is should be collection of copy of  I.Tax return of your wife from where it can be proved that she is a self earning lady capable of maintaining herself, 

2. As regard your income, certainly you have filed I.Tax return wherein you have shown your income as NIL from salary due to your unemployment,

3. Since she has not prayed for maintenance and asked for one time compensation, contest her claim fittingly arguing that she is well qualified to maintain herself,

4. Filing of RCR is of no use since she can not be forced to join you even by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. Her income may not be fixed but her average monthly income can be arrived at to argue that she is capable of maintaining herself,

2. Contest the DV case fittingly which will take atleast 4 to 5 years,

3. Ask her to settle the matter amicably by filing Mutual Consent Divorce petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Dear Querist
as per her income tax return and your income the court will consider the maintenance amount if the court think that she is able to maintain herself then the court may reject her maintenance plea.

fight the case on merit with the help of lawyer
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0
don't file any cross case. face the trial and put forward all the evidence which in your favour.  if your wife's income does not come under taxable income then you don't need to show her ITR return, you can say and adduce any evidence that she is skilled woman and can maintain herself independently. but please borne in mind that you can't evade himself from giving maintenance because in each & every case husband is bound to pay maintenance because maintain your wife's living standard is your utmost duty up to her divorced life. but her skill and ability to maintain can minimise your burden.
filing of RCR can't much helpful in criminal cases against you, it can show that you want to restore your marriage but it does not show that no cruelty is committed by you. but supreme court has held in recent judgment ( K Srinivas case) that filing of false case by wife can disentitled her to get maintenance and it can form ground for divorce. court knows all tricks so it is god for you to being innocent and face court proceeding and adduce all favourable evidence.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0