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Query on maintenance in 125 case and 340
01-Nov-2024 (In Divorce Law)
My wife earns 1.1 lakh rs per month and I earn 1.7 lakhs rs oer month. I filed sec 9 first and then she filed 498a,DV and 125. In 498 a i got stay. Girl has filed false Rajnessh Neha affidavit and shown her not working . I have her ITR , 26 AS and RTI and offer letter which shows her working and her salary . I have below questions- Shou
1) Should i file 340 post submission of my WS?
2) She has demanded 1lkah/ month maintennce but has not demanded interim maintennace. Can judge give her interim
your case is a little bit different from the other one you will file 340 because your wife is not entitled for maintenance but she is not barred from getting maintenance ws and 340 both you can file parallely
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Adv. Amit Pandey
Lucknow | 400+ Answers
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on the above mentioned query answer for the first question is that firstly you have file your written statement alongwith all the documentery proofs which shows she is working lady. then when she has no reply of your submission then you can file application for false affidavit.
secondly if you have all documentery evidence for her job, earning and ITR, then you can oppose her plaint in your WS. AS per supreme court directions, if female is professionally qualified and she can earn for herself then she can not entitled for maintenance anyway.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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you can see that 1st you have to show proof of income and she too. if the wife earns adequately the husband is not liable to maintain her. False evidence or perjury is filed in the lower courts.. whether the judge will give interim maintenance will depend upon the proofs
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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in your case if I has not ask for the incrementa interim Maintenance then judge will not give it .
the proceeding will only go for the final maintenance in 125 case.
as far as 340crpc yes you can file it with proper evidence post ws.
further you can contact for complete information. Thanks.
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Adv. Anurag Bhati
Greater Noida | 700+ Answers
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