• Domestic Violence along with Divorce case filed.

Hello,

I am a graduate and my wife is a post graduate. She went to her home within one week of our marriage and used to tell excuses every time I request her to get back home. Her parents asked me to shift my home to her location. I did it for her sake believing that she will be home atleast after that. She stayed there for a week and went again back to her home. I have been patient for years believing that her parents will convince her and explain her the importance of a marital relation, but after 2 and half years of our marriage, I received a Divorce notice from her and it followed a Domestic Violence notice as well after another month. She willingly included my sister and her in-laws in this. Its been around 1 and half year now the case is going on. She mentioned that she is working as an Asst. Professor in an Engg. College and is drawing 21k sal. She also mentioned that I earn 70k per month which is false. 

She now filed another petition for Interim maintenance. All her allegations are completely false and its me who is patiently waiting for her comeback even after I went through a lot of mental harassment for years now. We both filed our Payslips in the honorable Court. She filed a payslip showing that her monthly income is 21k and mine shows a gross of 43k exclusive of taxes.

Is she eligible for an Interim Maintenance? 
She did file the jewellery bills, catering bills, function hall bills, etc.during our Marriage, as her evidence against me to prove her damages. 

My Lawyer has filed a Section 9 petition and has given counters to all her petitions. Is she following the correct way?

How much time it gonna take approximately for me to get out of this case? Any suggestions will be greatly appreciated.

Thank you.
Asked 1 month ago in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu
working wife is not entitled to any maintenance . there is not much disparity in your income 

2) wife cannot claim marriage expenses . jewellery is in her possession how can wife claim money spent on buying jewellery 

3) section 9 HMA  is useless . you cannot force your wife to stay with you 

4) DV cases take 5 years to be disposed of . 

5) no DV is maintainable against your sister if there is no shared household 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1. It is not clear what is your income. Mere income of wife is not enough if the income f husband is much more.
2. So you have to show your income to establish that there is not much difference between your incomes. Then only you can avoid maintenance.
3.RCR is not bad option.
4. Getting the case to over will take at least 2-5 years.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
number of judgments that working wife is not entitled to maintenance . 

2) your wife is highly qualified professor and earning decent salary 

3) you can appeal against order of interim maintenance 

4) trust your lawyer 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
There are many decisions including of Bombay high court where the court granted maintenance to the employed lady as income of her husband was much more.
So in your case you have to show your income at par or lesser than your wife's.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
1. A wife who is earning sufficiently does not have any right to get maintenance from her husband. You can contest her claim fittingly more so in view of the fact that she has filed a payslip of 21k.

2. Your lawyer is on the right course by filing section 9 and also the counters to her petitions.

3. It may take 2-3 years for the court to decide the cases.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Section 9 proves your bona fides. So it is the right option.
2. The courts award some maintenance to even earning wives.
3. The order of interim maintenance can always be challenged in the higher courts.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Is she eligible for an Interim Maintenance? 
She did file the jewellery bills, catering bills, function hall bills, etc.during our Marriage, as her evidence against me to prove her damages. 

My Lawyer has filed a Section 9 petition and has given counters to all her petitions. Is she following the correct way?

How much time it gonna take approximately for me to get out of this case? Any suggestions will be greatly appreciated.



If you feel that she has suppressed the fact of her salary and other income, you can file a petition under section 91 cr.p.c. directing her employer to produce before court the correct details of her salary income  which will reveal her income.

You can repudiate her claim for maintenance for the reasons:
 that she is employed and her income is sufficient for her sustenance
that she voluntarily abandoned her matrimonial home hence she is not eligible for claiming maintenance
that you are still ready to take her back and live with her together the married life hence the claim is repudiated.

Instead of filing a RCR you may file a memo before the same court stating that since she has deserted the matrimonial home and had been living separately away from you for more than 2 and half years, it is no more possible for her to live with you and continue the married life any more hence you are submitting to the decree prayed for but without allegations. 

The time taken for disposal of such cases cannot be predicted. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
My Advocate said like Section 9 is to only strengthen our argument at the time she filed to which I agreed. 
Regarding the Interim maintenance case, she says like Judges will have some special powers where they pass interim maintenance orders in favor of wife even though she is an employee and earns sufficient money for her survival. Is this True

There is no such law.
If your advocate properly takes up and challenges the interim maintenance case also based on the facts, this can be decided agaisnt her.




Is there such case where a Judge has granted maintenance to a working wife who earns sufficient money for her survival and do not have children?

There are plenty of such cases.










My Advocate also said like I need not worry, as I can always go for an appeal if an interim maintenance is ordered. I am literally confused if my Advocate is proceeding the right way. I am a middle class guy with lots of responsibilities and cannot afford a famous lawyer. Please advise and thank you once again for your reply in Advance. 

There is no question of famous lawyer or infamous lawyer.
Your lawyer should be able to protect your interests.
Make sure that your lawyer do not lacks in her professional devotion. 
If you suspect the integrity of your lawyer you can change the lawyer.





T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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