Hello- My wife has filed DV 12 in April'19 at Delhi MM Mahila Court, Dwarka Court (Delhi) and has claimed maintenance for my 2 year old daughter. She is well qualified from (B.Tech from NIT) and working in a MNC since last 10 years. MM Judge has asked for submission of income affidavit along with bank statements/ ITRs of both parties. My questions are: 1) Can you provide me few landmark/ key judgments where the expenses of the child are shared between the parents? 2) Can I deny submitting income affidavit/ bank statements? 3) If after the award of interim to child, the case is later dismissed by the court/ OP fails to prove its allegations, will the interim awarded to the child be reduced/ dismissed in the final one or will the final one remain same as interim one? 4) Currently OP has asked maintenance only for the child, not for self. Can OP change its prayer for maintenance and ask for self also/ or ask more than the amount asked in initial prayer during the pendency of the case? 5) OP has filed case in Delhi, and then changed her job 1 month back and shifted to Mumbai. So will the maintenance be decided based on child's expected expenses in Delhi or Mumbai (Mumbai being costlier)? Moving to Mumbai was not OP's compulsion but her desire for better job and stay with her parents. 6) Which would be the right appellate court (Session/ District/ or direct High Court) for appeal against the order of the MM court judge? MM judge is in Dwarka District Court, Delhi. And what is the time limiation for appeal? Thanks
You can deny but it will have adberse inference on your case. In DC you are only bound to pay for your daughter expenses as your wife is well to do.
No if the order of interim for child is not vacated it will continue. It will be the standard expenses she incurs mostly mumbai. Sessioms Court is appellate Court.
1. PADMJA SHARMA vs RATAN LAL SHARMA (2000 (2) SCR 621)
2. No
3. Before the disposal of the case, final maintenance amount would be decided by the court. if the court feels that your wife is not liable to get any maintenance then you would not have to pay her anything. Her allegations even if they are proved to be false does not exempt you from maintaining your wife and child
4. Yes. She also file separate petition under section 125 CRPC.
5. The maintenance would be decided based on the income of the parents, not on the basis of the city the child is living in.
6. Sessions Court/ 30 days in your case (90 days, if the appeal has to be filed in High Court)
1) you cannot refuse to furnish your bank statements
2) where both are earning both have to shoulder responsibility of maintenance of child equally in proportion to your incomes
3) interim maintenance awarded to child may increase
4)wife would not get maintenance as she is highly qualified and working
5) maintenance would be determined based on expenses of the child
6) against order passed in DV case appeal lies to sessions court
Claim in court that wife being educated and working lady earning handsome money should bear 50% of child maintenance expenses.
I shall tell one thing not to expect reasonable order from family court. Be mentally ready to challenge any unreasonable order in high court. There are lots of judgements favoring equal responsibility of husband and wife.
1. Padmja Sharma v. Ratan Lal Sharma, (2000) 4 SCC 266. - Both, a Hindu divorcee father and a Hindu divorcee earning mother are obliged to contribute for maintenance of their children under the Hindu Adoption and Maintenance Act, 1956. Father is not exclusively responsible to maintain children regardless of mother being affluent.
2. See in case you deny submitting such statement court may consider your wife claim and can decide based on same. Also court may call your employer to give statement of your salary slip.
3. In case the maintenance case is dismissed after order no maintenance is required to be paid.
4. She can file separate application of maintenance for herself.
5. The court shall decide maintenance based on her assertions in the application and prayer.
6. The interim order can be challenged before the High court under writ jurisdiction.
Dear Sir,
Please refer the following judgments.
Maintanence of child is co-extensive when both the parents are working
Supreme Court of India
Padmja Sharma vs Ratan Lal Sharma on 28/3/2000
Child can claim maintenance u/s 125 from mother
Madhya Pradesh High Court
Madhuri Bai vs Minor Surendra Kumar And Anr. on 24/4/1998
Expanse of child is joint liability of parents, cannot be imposed on father alone when both are working. After court order, you cannot deny except to file appeal but will be of no use.
On dismissal, interim order will also dismiss.
She can claim maintenance anytime by filling separate application.
Acc. to mumbai school fees.
Session court/district judge. 60 days limitation.
1. Padmja Sharma v. Ratan Lal Sharma, (2000) 4 SCC 266
2. As per the Direction of the Delhi High Court , It is mandatory for the husband and the wife , to submit detailed Affidavits of their earnings, assets, and expenses.
- With this ruling, any attempt to hide assets or income details at the time of divorce or maintenance proceedings could push one into legal complications and great difficulties.
- Hence, you cannot deny to submit the same.
3. Once the inteim order will passed in favour of child , then the dismissal of the case wiil not effect the said order, because the child has no source of income to maintained himself.
4. No, Since, she is well qualified from (B.Tech from NIT) and working in a MNC since last 10 years , hence she is not entitled to claim maintenance from you as per law.
5. Presently, Delhi Court has jurisdiction to decide the maintenance of the child and city will not effect the same.
6. MM order can be challenged in session as well , but the maintenance case u/s 125 will be challenged before the High Court within a period of 30 days from the date of announcement of the order.
Good luck and dont forget to rating Positively.
You can search for judgements on other sites like Indiankanoon
No you cannot deny submitting the income affidavit.
You are liable to provide maintenance for your child so chances of dismissal of maintenance for your child is very low.
Yes she can change the plaint and demand maintenance for herself also but chances of her maintenance are very low because she is earning very well.
The maintenance will be decided as per expenses of delhi.
It will be session court of Dwarka.
1. The provision of law is clear that both the husband and wife, if employed and earning a handsome salary then they may have to share the expenses of the child together.
2. You cannot refuse to obey the court order.
3. The interim maintenance award granted in the OP will become infructuous once the main cae is disposed.
4. She is employed and drawing a handsome salary hence she is not eligible for seeking maintenance, therefore she would have been properly advised to not seek maintenance for her.
5. She has filed the case seeking maintenance in Delhi, hence the case will proceed on the basis of the original pleadings only and not on the basis of the subsequent developments.
6. For appeal against the MM court order the time limit nis 30 days and it can be preferred before the district court.
Thank you all for the response. One follow up question: My wife stayed with me till she deserted me this January. After deserting me, she stayed in Delhi for few months and filed DV case there. Thereafter, she transferrred herself to Mumbai and currently staying with her parents there. Can I appeal for dismissal of case on the ground that petitioner does not reside in Delhi anymore and resided here only temporarily to just to file the case? Or is this a valid jurisdiction for the case of my wife and judge will not entertain the application?
A woman can file a case against her estranged husband and in-laws at the place where she resides thereafter as per the judgement of the honourable Supreme Court of India.
So, the court would not dismiss her case on such grounds.
You can raise that ground but woman has right to file the same from her temporary residing address also.
Can try but have to prove that her stay was temporary. And to you horror, criminal complaint dose not dismiss for want of jurisdiction and will transfer to jurisdictional PS.
Case would not be dismissed as she was residing in Delhi when case was filed
See on this ground rejection or dismissal cannot be filed as per latest judgement the wife at place of her temporary residence also can file DV case,
Dear Sir,
Yes, you can file an appeal for dismissal.
A woman, who is forced to leave her matrimonial home due to harassment, can file a case against her estranged husband and in-laws at the place where she resides thereafter, the Supreme Court ruled .
It is not necessary that the petitioner should be present or reside in same place.
No, you can not get the case dismissed on this ground
