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Maintainence Related Query - Fake DV Abuse case


02-Jun-2024 (In Divorce Law)
My wife is well educated but she is knowingly not doing any job to be able to claim maintenance from me. She has left my home for over 2 months and we have not been in touch ever since. My father passed away 2 years ago and I am the only caretaker for my old mother (sister married 2 years ago and stays abroad). My salary is the only source of income in the household. Can I do something to protect my hard-earned money from these greedy people? We are Hindus
Answers (5)

Answer #1
619 votes
File an income affidavit as per Neha vs Rajneesh judgement and show the maximum expenditure that you have and try to reduce your income on record to be able to save the maximum in maintenance liability. The court never takes into it your wife is not working willingly
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Advocate Vinay Redhu

Adv. Vinay Redhu

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Answer #2
679 votes
Yes definitely, you can safe yourself. It totally depends on the proofs which are you placing before the court as qualification of wife matters in terms of maintenance. is there any child born out of wedlock? For more details, kindly contact.
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Advocate Prachi Goel

Adv. Prachi Goel

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Answer #3
858 votes
The release of maintenance depends upon the arguments and also on the basis of income affidavit that you produce before the court. And if there's no scope of living together then rather stretching the relationship you should go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #4
751 votes
what do you want now whether you want to take divorce or just you want not to give maintenance to your wife. what is the reason that she has left the company of yours. is there any child also from your wedlock.
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Advocate Anurag Jangra

Adv. Anurag Jangra

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Answer #5
979 votes
According to the Hindu laws, the wife is eligible for monthly maintenance. If your wife is well qualified and capable of earning and chose to remain ideal then courts may be reluctant in awarding maintenance to her but there is no surety that you will not have to pay. You can substantiate your case with good evidence in order to prove the above stated but the rest is upon the courts to decide, it can be the case that what ever monthly maintenance will be granted to her will not be a large sum of amount. If in case it will be granted. For any further legal assistance please feel free to contact.
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Advocate Jia Kapur

Adv. Jia Kapur

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