Hi Sir/Madam, My wife had filed a DVC case against me and my family members and I am contesting the case. In the mean time, I did file a RCR against my wife...Since the settlement talk is not smooth, they filed a Sec-24 interim maintenance against me in the same RCR case. 1) Is it acceptable to file Interim maintenance when i am still ready to live with her? 2) What should be my counter for this Interim petition? Please note since i am not ready give the large one-time settlement amount that my wife is asking, they have filed a interim maintenance to drag the case.
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1) wife can claim interim maintenance from husband
2) it would be her case that she cannot stay with you as she is victim of domestic violence and there is threat to her life
3) you have not mentioned whether your wife is working or not . if working take plea that she is working , highly qualified and not entitled to maintenance
4) that she has already filed for maintenance in DV case filed by her
My Wife has completed MSC BEd and she worked as a teacher before marriage and not now. Can i use this high qualification and get relaxed from interim maintenance stating that she has already filed a maintenance against me in DVA.
1) you can take the plea that wife is highly qualified and has worked in past .
2)court would consider said fact while awarding interim maintenance
3) if any maintenance orders have been passed in DV case court would also consider said fact while awarding maintenance
1. Your readiness is not enough.If your wife states that due to her past experience she is not ready to live with you then your proposal would not carry any weight.
2. You can though counter her claim by disproving her allegation of domestic violence and her income, if any.
If you're not ready to pay one time settlement then contest the case.They would decrease their demand.
1. Yes it is permissible for her to ask for interim maintenance.
2. Point out through you reply that your wife is capable of supporting herself provided she picks up a job. Inform the court that your wife is qualified educationally very well and used to work previously. Also, mention that you are ready to support her provided he starts residing with you.
A wife who is capable of maintaining herself cannot claim maintanance from his husband .. You can rebut the application by providing her educational qualifications ..
1. Section 24 HMA can be filed in any proceedings under HMA.
2. Your readiness to reside with her does not preclude her from filing sec.24.
3. The reply to sec.24 application has to be in the light of what is stated in the application,
Sound education qualification is a ground which may help you to reduce the amount of maintenance, but it does not oust her claim altogether.
A) My wife has asked for Rs. 30000/month and Rs.15000 litigation charges...At this juncture do i need to provide my Salary Statement, House Loan EMI documents etc (though i am not willing to provide the same)? B) Is it enough to mention that she is highly qualified CBSE teacher prior to marriage and not working for the past 2 years (especially after marriage) C) She has asked the same amount even in the 1st DVC case which she filed against me and my family members but I am still contesting the case? D) I have asked verbally in the court that I am still ready to live with her but since she is not ready to live me, asking her to bare all the marriage expenses and then i am ready to provide the Divorce. Is this correct way of approaching?
1) it is in your interest to produce your income tax returns to prove your net income
2) take the plea that wife is highly qualified and has worked in past
3) you plea should be that you want reconciliation and wan t wife to return to her matrimonial home
4) however if wife does not want to stay with you then you are agreeable for divorce by mutual consent
It is not necessary that the court will give the interim relief you can put this claim before the court that I am ready to live with her and in the circumstances when the girl herself is not ready to fulfill her matrimonial obligations, interim maintenance can not be allowed.
regards
1) Is it acceptable to file Interim maintenance when i am still ready to live with her?
She can very well claim interim maintenance petition in the pending RCR cae also.
2) What should be my counter for this Interim petition?
You can mention that you are ready and willing to accept her hence you have filed this RCR case therefore her petition for interim maintenance may be dismissed.
My Wife has completed MSC BEd and she worked as a teacher before marriage and not now.
Can i use this high qualification and get relaxed from interim maintenance stating that she has already filed a maintenance against me in DVA.
You can mention about her high qualification and can state that she is sitting idle at home just because of getting this maintenance amount.
This can be apart from your RCR pleadings
A. It is her burden to prove your salary and other income which she claims.
B. Her current unemployment status would be an advantageous situation seeking interim maintenance.
C You have to contest the case and express the facts before the DV case court also in order to avoid the payment of interim maintenance in the DV case.
D You have to submit your counter mentioning the same sand argue on that in the final hearing also.
Hi Sirs, I have filed the Counter for Interim Maintenance as described by you all. Waiting for next hearing(enquiry). In the mean time, I got the necessary proof document of a Government Scheme (Specially applicable in Tamilnadu - "8gm Gold & 50000INR - Thalikku Thangam" for first graduate) which was submitted by my wife and their family. They cheated the Government by filing application for the above scheme with a wrong invitation stating that 1) Marriage has happened in a small village temple instead of Marriage hall. (To let the Government know that they are poor people) 2) Also she mentioned her degree wrongly as B.Sc.B.Ed instead of M.Sc.B.Ed (As they do not have much income and could not study further) 3) The house that they are staying as Rented (though it is their own house) They had benefitted by this scheme as well. But when they filed the DVA on me and my family members they did attach the Original invitation with Marriage Hall and M.Sc. B.Ed as the degree. Now please let me know, 1) Can I file a case on my Wife and her Parents on the above ground? 2) Will it be Crimincal or civil? 3) Which section it comes for cheating the Government and getting the benefits? 4) What could be the maximum punishment for it?
1. You should understand the vital point in it that they have not cheated yo but the government, hence you can make a representation to the government authorities which distributed the said schemes based on her false statements , with documentary evidences in your possession.
The authorities will initiate action on it as per provisions of law.
2. It will depend on the action taken by the authorities on this complaint.
3. It will be considered as cheating and fraudulent act for wrongful gains by creating fabricated documents.
The police will insert appropriate sections of law while registering the complaint lodged by the government authority.
4. The court will dcide on the basis of the charges framed for the offences mentioned in it.
1) inform the govt authorities of fraud availed by wife and her family to avail govt benefits
2)it is criminal offence of cheating committed by wife under section 420 of IPC
3)According to the IPC, Section 420 states that whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Since by this action you are not the aggrieved party, you can inform these facts to the government whereupon it is upon the government to file a case against the person for cheating.