• False DV petition

I have been married for 6 years and have a child of 3 year old. For the last 2.5 years my wife is living away along with the child. Her demand is that my widowed mother should not live with us at my home. I made several genuine attempts to bring her and my child back, but she is refusing to come back. I filed RCR since I never want to divorce her. Even she also does not think of divorce. However, she continuously has been demanding maintenance ever since she left home. Initially I gave her some amount every month while I was trying to convince her, but later stopped it since she did not show any interest to come back. After I filed RCR, she filed a DV petition. I have strict proofs to show that DV never happened, she is staying away on her own demanding that my mother should be kept away from our home, I made genuine attempts to bring her back, even now I am ready to take my family back home, she is highly qualified and working but lied in her petition saying that she's not working. So, how much money I may have to pay her. I know if the court orders me to give anything above ten thousand rupees per month she will be happy to live away for prolonged time only to harass me. Any chance of the interim order to give her undue favor?
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) gather evidence of wife income

2) filed detailed reply that since wife is highly qualified and working she is not entitled to maintenance

3) person who had not come to court with clean hands is not entitled to maintenance

4) if there is substantial differences in your income you may be ordered by court to pay some maintenance to wife

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Ys,you will have to provide maintenance to your child and since there is major gao of your respective incomes you can be directed to pay your wife as well.

2. The court would consider her age for sure.

3.Your RCR has no consideration while fixing the quantum of maintenance.

4.In DV cases the court routinely passes an order of maintenance even if allegations are not proved.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. You can contest her DV petition on the ground that she left the matrimonial home without any justified reason i.e she was not subjected to any act of domestic violence.

2. While computing maintenance your liabilities have to be factored in. Practically, it may be 1/3rd of your net income. The interim order can be challenged by either party.

3. RCR has no bearing on DV case if the decree in former has not been passed yet in favour of husband.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1)since your wife is earning Rs 30,000 per month court may not award her interim maintenance

2) file application under section 91 Crpc calling upon wife to produce her income tax returns for last 3 years, bank statement for last 3 years

3) you may be directed to pay around Rs 10,000 towards child maintenance . court does consider fact that child has not started going to school while determining maintenance

4)if wife is unable to prove her allegations she would not be granted reliegs prayed for in her petition

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

First you should allow her to begin the trial. During cross examination you should extract the facts and establish her false allegations.

You can file a petition seeking to produce the employment and salary income details through Court process.

Put forth your arguments objecting her claim strongly.

Wait for the court to decide the in your favour.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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