You can oppose her application by showing her qualifications and ability to work. Court will consider the same
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Fighting Maintenance case
My wife filed a maintenance case in June 2019, was set to ex-parte, I have come back to India to fight it and has been set-aside and court has referred it to mediation. Now, I don’t have a job, not clear what evidence wife submitted for her to claim a high maintenance. She keeps saying that there is lack of financial transparency for me whenever we went to the mediation sessions. Mediator asked me what I was doing and made some notes, but I thought that anything said during mediation can’t be used against each other as evidence. I wasn’t sure why the mediator is writing down notes on the case papers. Also, wife has an M.Tech and intentionally avoided working in US when she was there, had a child and then now claims that I didn’t allow her to work. In addition to this, she claims she had COVID, then speaks to me in a arrogant manner last year asking me to come to India when the Delta wave was at its peak, this was after she told me that she filed cases not to essentially achieve something against me, then called me and changed her stance within 48 hrs during which she claimed COVID during that high pitch conversation which is not possible for a COVID patient. She has someone working at NRI hospital and she didn’t isolate or anything from my daughter and now trying to use it to claim money from me. I am currently doing a job search in India, can someone calling me and asking for expected salary and me providing that information be used against me for evidence by my wife? I suspect some of this might be where my wife is having someone call and record this answer from me? How can I fight this maintenance case by (there was a counter filed back in late 2019) which was returned by the court multiple times and finally seems to have accepted it when my advocate who filed an emergency petition in April 2022 claiming that I couldn’t come because of work issues, which wasn’t the case. He is collaborating with the other side and now I am in a pickle on how to get rid of him and use someone more truthful and honest and represents the clients best interests. My wife also has property and I don’t exactly know what evidence was submitted by them to the court for me to be able to counter it. I asked my advocate and he didn’t provide me with the copies or clear answer. In my wife’s GOP petition that she filed in Feb 2022, she claims she is working at a place (which is her Uncles) and claims Rs 20000 per month which she has not been going to any work as I have been visiting to see my daughter and my wife is not going to work. She is just using her Uncles company to tell the court that she can maintain the child and hence asking for relief under the GWOP case. Please let me know the best options to fight against my wife’a maintenance case and prove that she intentionally planned this since having the child and also that she intentionally never worked or working even though she is qualified.
Asked 3 years ago in Family Law
Religion: Hindu
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15 Answers
Is it just her qualifications or does she have to actually work? She has intentionally not worked and now saying that I didn’t allow her to work.
Asked 3 years ago
Merely you stating on call that x is your exes ted salary cannot be used against you
2) you are liberty to engage another lawyer
3) your current lawyer NOC is necessary
4) call upon wife to produce her bank statements , income tax returns for last 3 years
4) take the plea that wife is highly qualified and can get well paid job to maintain herself
If wife is highly qualified and deliberately not working court would not award her high maintenance
She has not worked even one day after we got married and we were living in US for 4 years during the marriage, then came to India after 4 years when she started isolating my daughter and refused to return to the US with me after being in India for 11 months. Then, I came back to India at the end of 2022, she never worked, stayed with her Dad who gets pension, also has fixed properties, but I don’t have details of those properties.
Asked 3 years ago
Both parties have to file affidavits disclosing details of properties standing in their names , parents names .
since wife is claiming maintenance she will have to disclose her assets and parents assets
If she doesn't work you need to show her qualifications and then show court she is intentionally not working too
I don’t have properties in my name in India, have a home which is on EMI/mortgage in US. None of my parents properties are hereditary, how can parents properties be used for maintenance? Isn’t it their decision to make on what they will do with them? Do they have to pay or give it to her? Also, a few years ago, my father-in-law and mother-in-law properties were converted into some of their relatives names.
Asked 3 years ago
Also, can she claim any property in husbands name that was acquired prior to marriage? One of them was registered in my name years ago even though my father bought the agricultural land 10 years prior to our marriage? Can this now be changed into his name or sold off for her to not be able to claim it?
Asked 3 years ago
Wife has no share in property standing in name of husband
she is only entitled to maintenance or alimony from
husband
Court considers husband income , wide income ,standard of living in determining maintenance
wife has no share in property standing in name of husband and in laws
Only your income can be used for maintenance not parents property
Dear Client,
You need to show her qualifications in the court.
Merely qualified shall not be a reason for not granting her maintenance.
If she was working earlier and stopped working post marriage or for the purpose of claiming maintenance, then she may not be eligible for maintenance.
she would not be entitled to Maintenance Allowance is the ground of her refusal to live with her husband without any sufficient reason.
If you have documentary evidence to prove that she has property and income derived out of that property you can produce the same before court in order to repudiate her claim for maintenance.
If she states that she she was not allowed to work by you, then it is a matter of trial and argument to nullify her claim.
You may during the cross examination can extract the actual truth about this and can reiterate before court that she intentionally avoided taking up an employment besides highly qualified.
If you confirm that she never worked and has no source of income other than depending on her father, then the court may consider her plea for maintenance and may grant the same on merits.
She cannot claim any rights over the properties lying on your name too.
If that is the case she cannot claim any rights over your parents properties as well.
She has to restrict her claim for maintenance only with you based on the income you possess for which she has to produce documentary evidences.
Her parents properties are not her property as well..
She cannot claim any rights over the properties lying on your name too.
She can claim the income derived out of the properties lying on your name to add it to your income and a maintenance amount from that source too.
As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further, A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband.
- Hence, you can produce the proof of her education and earlier job details before the court for dismissing her interim maintenance application.
- Further , as per law, she is not having any right over your & parents property during your life time , and hence the property in the name of your parents cannot be considered at the time of fixing the maintenance .
