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Clarification on interim maintenance, wife earning more than me


12-Mar-2023 (In Divorce Law)
application is pending agaisnt me under dv act for arguments on interim releif to wife.i have shown my currnt salary 5000 with bank statement attached.my wife was working before marriage and getting 10000 pm and she worked after marrige too and getting 8000.i have attached her bank statement too.now she claimed non working.what interim relief can be granted.she herself left the house.my adocate said interim can be 6000 inspite of i have given him various evidence.opposite side doesnot have any evidence.am bcom pass and she is bed mathematics. Will there be separate interim for rented house she claimed.kindly guide me so that maintenance can be just around 2000-3000
Answers (3)

Answer #1
563 votes
Dear client . . come to my office for discussion.

Answer #2
544 votes
Hi,
Interim maintenance/maintenace has decided after consideration of both the parties capacity to earn. In your case, if you have strong proof of stated salary, you can approach the court to give maintenance at your stated amount viz Rs 2000/- etc..,
No seperate interim is allowed, it is to be decided one time only, Magistrate can alter it u/s 127 of Crpc after considering the facts of wife education/ earning capacity.
Answer #3
617 votes
Collect all the evidence first. There should be witness who seen wife working. You Yourself can fight the legal battle in case if u r not satisfied with your current lawyer. Evidence and proof needed to be accurately proved.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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