• Maintenance case filed by my wife under section 125

Dear lawyer

I am living in delhi. My wife had filed a case us 125 for maintenance in dec 2016. She used quarrel with me on petty issues. Sometimes she become physical. She used tthretened me to file a case against me and my very old aged parents who live seperately. Because of that fear I left my own house and living in a rented accomodation. Due to the intervention of relatives I came back to my house. But after few weeks she started the thing. As a result this is the third time have to leave my own house. Now she has filed a maintenance as well as domestic violance case against me in Dec 2016.

Please guide me how do I proceed my case as this is all false and fabricated.

Thanks
Asked 7 years ago in Family Law
Religion: Sikh

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6 Answers

1) what is amount claimed by wife as maintenance?

2) what is your income?

3) what is wife income?

4) if wife is not working she can claim maintenance

5)as far as DV case is concerned filed detailed reply denying the allegations made

6) contest the case on merits

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

if she is able to maintain herself then she will not be entitle to get any maintenance from you.

if you proved before the court that there is no sufficient reason to left your company then she will not be entitle to get any maintenance.

fight the cases on merit with the help of lawyer if amicably settlement is not possible

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1.Since cases are filed contesting the same remains your only option.

2.Most of such cases are fabricated one but do remember that if allegations are false your wife could never prove the same.

3.These cases are mostly deals with maintenance only .So if your wife is uneplyed then you will have to give maintenance @ 1/3 to 1/5th of your income.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) you should start staying in your house

2) why pay rent when you are owner of flat purchased by you out of your funds

3) in your reply mention that you have dependent parents , plus have to pay rentals for flat

4) court would consider said fact while determining maintenance amount to be awarded

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

But after few weeks she started the thing. As a result this is the third time have to leave my own house. Now she has filed a maintenance as well as domestic violance case against me in Dec 2016.

Please guide me how do I proceed my case as this is all false and fabricated.

If you have made her to get out of your house since you yourself is not residing in your own house, then, if she is not employed or not having any source of income shall seek maintenance from you under the provisions of law.

If you feel that she has filed false alegations and reasons for domestic violence case and this maintenance case, then you may challenge her cases properly in the trial proceedings,

During cross examination, your lawyer should extract truth and prove her false in her allegations.

Be in touch with your advocate regularly.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

If she has filed the DV case on general grounds, then you can protest on it properly in the court and can establish that she has approached the court only to wreak vengeance on you.

Her employment details can be substantiated before court so that her claim for maintenance can be repudiated.

You can also mention that she is residing in your own house hence she has not been thrown out as alleged but it is she who is not wanting to live together a happy married life that too after so many years of the marriage.

Your son being an adult is not eligible for maintenance.

You can give her a notice to vacate the house so tht she will feel the pain of the legal pinch.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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