Dear All, My wife filed DV case on me, she has demanded 35000 per month and 50 lakhs as compensation. She is working and earning good, 40 K+ per month. Is she entitled to get maintainence ?
To refuse maintenance, you have to submit her income proof, mere assertion will not impact court discretion to decline her maintenance prayer.
Wife is entitle to lead lief acc. to husband life style and income. How much you earns also matter, if figure is double or more to her income, she may grant some amount.
To claim compensation and maintenance under DV petition , she needs to prove DV.
you can object the same on the ground of her earning and qualification. the court may consider. but in indua genearlly its favored for women
See you can contest same on ground that there was no domestic violence and also wife is earning . Her demand and application has to be contested.
Since your wife is earning,her claims of maintenance will not be maintainable . try to collect her salary slips or her bank statement.
Her maintenance depends on the salary difference between you and your wife.
You can defend yourself by giving her salary statement in court.
What is your income ?
if there is not substantial differences in your income wife would not get maintenance
If she is earning that much how can she be entitled to maintenance. She is entitled to nothing. File an affidavit before the court stating your wife's in come and annexing her salary slip.
Regards
How to get salary slip, as no private company will provide and RTI also don't cover it.. Also, how much weight age WhatsApp msgs hold as proof as she has submitted WhatsApp msgs where in anger I have said some wrong things after separation?
File application in court to direct her employer to submit her salary proof.
To contradict them, you can submit some good msg delivered after wrong ones.
See you can file application before.court for.production of salary slip and bank statements the court shall pass.order and she has to present same court can even call is employer for.giving and recording statment.
See whatsapp messages along 65B certificate is good in kae ans court may accept same.
WhatsApp messages are admissible as evidence but things said in anger don't count for much. You lnow her designation and organisation. A rough idea can be made. If she can support herself no maintenance.
File application calling upon spouse to produce her bank statements , salary slips , income tax statements
2) what’s app messages are admissible in evidence
Whatsapp messages are admissible evidence in court.
You can make application under section 91 CrPC for ordering your wife to produce salary slips and bank statements.
You can get his income tax return through RTI which will reflect it's salary. You can also file application in court to direct him to produce his salary slips in court
Was there any domestic violence caused by you to her? If not defend the case . Prove it false and get the case dismissed .
- As per the Supreme Court , A woman can claim maintenance from her husband in spite of her efforts to earn a monthly income , if that is not enough for her maintenance.
- But , where the wife is having her own means of living, there is no requirement to provide her maintenance.
- Further , if she is earning 25% (generally) of your income , then also she is not entitled for maintenance from you.
- Hence, if your wife is earning sufficient amount to maintain herself as per her standard of living , then she is not entitled to claim maintenance from you.
- You should move an applicaton before the court , to direct the petitioner/wife to produce the affidavit of income , and further also to directs to her employer to submits her jobs details in the court.
- Only whatsup msgs are not enough for evidence , it must be supported with other documentary evidences.
- Onus relies on you to prove she is working. However, you can raise the doubt in the mind of the Court for inquiry.
- Any form of electronic communication shall be considered as valid proof provided it is proved by another side by forensic investigation post the doubt raised on you.
Regards
Vivek Arya
1. working wife is not entitled for any maintenance, however, “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"
2. The Family/Trial Court can direct parties to furnish detailed affidavits regarding their income, expenditure, Assets, and liabilities in terms of direction laid by the Hon’ble High Court of Delhi in the case titled “Kusum Sharma Vs Mahinder Kumar Sharma” therefore, simply file an application to submit the affidavit is sufficient and your wife will be forced to submit all financial detail in an EXACT manner.
3. whatsapp messages are acceptable as evidence
You may move an application to summon her employer, with records related to her employment including her income .
1. She is not entitled to maintenance if the salary drawn by her is sufficient for her to maintain herself, but you have to prove that she is earning.
2. Seek the production of her salary slip by filing application in the court.
3. RTI Act does not allow you to get her salary slips.
4. Whatsapp messages can be led in evidence.
If she is employed and you have proof to prove that she is employed and drawing a handsome salary, then you can reject her claim for maintenance in your written statement.
You can file a petition before court under section 91 cr.p.c. seeking direction to her employer to produce her salary details before court, which will be an ample proof to prove her salary income.