1) court considers your net income after taxes to determine maintenance

2) if wife is working she may not get substantial amount as maintenance

3)contact detective agency and gather evidence of her employment

4) you can rely upon whats app messages in your possession

5) your divorce granted in USA would not be valid in India

6) if your wife participates in divorce proceedings in USA divorce decree would be valid in India

7) DV cases take 5 years to be disposed of . deny allegations made in DV case

Can the court still award her maintenance?

in this condition court cannot award maintenance, because

1. she alleged false allegation of demand for dowry

2. she has not attempted to resolve this issue.

3. you want to bring her back to matrimonial home but she denied.

4. if there is demand for dowry then it must be corroborated with some independent evidence.

according to section 125 crpc and section 24/25 of the hindu marriage act maintenance cannot be awarded if wife has no sufficient reason to live separate from husband and husband is agree to live with her. so in this condition maintenance suit will be frustrated.

Dear Querist

my opinion on your queries are as under:-

1. Can the court still award her maintenance?

Opinion:- if you proved before the court that she is working and able to maintain herself as she is earning 50k per month then the court dismiss her maintenance case/ application.

2. How much maintenance can the court award her?

Opinion:- if you will not be able to proved that she is working and earning then 1/3 of your income or demanded maintenance.

3. Is it worth to hire a detective to gather more evidence of her employment?

Opinion:- will be better

4. I have evidence that she left US on her own accord (whatsapp messages). Would this be useful?

Opinion:- yes, if you proved that she left your company her own and without any sufficient reason then her claim of maintenance can be dismissed.

5. In general, how should I approach this case and what kind of evidence/documents should I gather to make a strong response

Opinion:- her income status or working and earning's related documents will be helpful.

Feel free to call

In general, how should I approach this case and what kind of evidence/documents should I gather to make a strong response.

you should aver before the court that you want to live with her and there is no demand for dowry from your side. she has refused matrimonial union at her sweet will and without any reasonable cause hence her petition shall liable to be dismissed.

if you take above defence then she is bound to prove your guilt. if there is no demand for dowry from your side and also no act of cruelty then her petition shall be dismissed. our matrimonial causes are based upon guilt theory hence it is necessary to prove guilt of a party for getting any relief.

Sir, a wife can only claim maintanance from his husband, If she is unable to maintain herself.. Since she is working and earning , she is not entitled to cliam maintanance..2) there are investigation agencies in Faridabad, i am in touch with which can put a surveillance of her daily activities and gather evidence of her being going to work..3)we have to approach court showing her employment,( from evidence collected through agencies and from those we already have) to reject her application for maintainance..

The court can grant her maintenance, you have to understand one thing that there is no mathematical formmula to calculate maintenance it depends on the facts of the case and by facts I mean facts presented by both the parties and not just your fact.

Yes you can hire a detective who may go ahead and gather the evidence for you.

Yes the evidences that you have will be useful, bring them on record and ask the court to dismiss the case.

You please consult a lawyer who can pursue the case on your behalf.

Regards

It may be noted that the advise has been given on the limited set of facts provided to me.

P.S.: Let me know if I can be of further help.

1. She, being highly qualified and capable of earning her own maintenance amount, is not entitled to any maintenance. However, you shall have to contest her said maintenance petition with evidence.

2. For unemployed or unemployable wives, court awards 25% of husband's net monthly earnings in INR. In your case, your net monthly earnings in dollars will be converted to INR after multiplying with PPP (Purschasing Power Parity).

3. Your gathering evidence of her employment is important for which you shall have to take adequate steps including hiring of appropriate agency.

4. Her leaving for USA will not help you in denying her maintenance if she claims but might help you in seeking decree of divorce stating that she went to USA without even informing you.

5. Since she has now filed DV and maintenance cases in India, you shall have to negate whatever allegation she has bought against you fittingly. Maintenance case also should be contested fittingly on the ground that she is highly qualified and also presently employed.

1. The maintenance petition shall be decided by court after she proves your income with substantial evidence, you can protest the same and also can produce before court about her employment status and repudiate her claim.

2. It depends on how she proves andhow you defend your interests

3. You can hire a detective to prove her income and employment details to repudiate her claim

4. You can use it as a corroborative evidence during trial proceedings.

5.First of all see if you have to attend the case from US.