She is not earning but is capable.Is it enough for cancelling maintainance

Welcome Forums Advice Maintenance She is not earning but is capable.Is it enough for cancelling maintainance

  • This topic has 4 replies, 1 voice, and was last updated 12 years ago by Anonymous.
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    • #282

      I had filed for divorce in my hometown where marriage took place,notices have still not been issued.Its been 5 months,because I was not able to attend the family court because she filed 498a and 406 cases,so I kept taking further dates.Now I have taken bail for me and my family members.Now Im thinking of going to my hometown where after my attendence, notices might be served,she would then apply for maintainance or before that DV for maintainance.

      1)She was terminated from a highly paying job of around 50,000/- a month back before marriage

      2)There she was awarded the best employee too

      3)In that company she worked for 4 years before marriage

      4)Now its been 1 and a half year of marriage,problems,breakup,cases and legal battle but she has not found a job as she is just waiting for the divorce notices to be issued and get money from me.

      5)she is now staying with her parents and we dont have a child.

      6)Im a free lancer and trying to get some work again after abruptly leaving all my projects and disappearing for five months as she had lodged complaints in two cities.

      7)I have no property in my name and do not have a fixed income,although when I start earning it is quite good and taxable,I had a good past earning record in income tax returns till she filed cases against me..

      What are her chances of getting maintainance ?

    • #1576

      You have to bring out the fact that she is capable of earning by showing proofs of her past career. She is likely to get some maintenance in DVA as these cases are held in Mahila Courts which are sympathetic to women especially. She may not get anything u/s 125 as you have no children and she has a capability and history of working. But a lot depends on the presentation of the case and the judge’s bend of mind.

      If you bring out that you are not working as your free lance career was ruined because of these cases, it will help to minimize or maybe eliminate the maintenance.

      Please remember one thing about the judiciary. They create new judgements based on their perception of the case, facts and their own values. There is nary a judge even in the higher echelon of justice system who is able to divorce his own values from the case.

      So don’t be disheartened by small losses and failures during the whole case. At some point you are bound to come across a judge who sees it from your point of view.

      warm regards

      sanjay mehra


    • #1577

      Legally YES, if she is capable of working, her unwillingness to work means voluntary incapaciation for the sake of getting monetary reliefs. Do contest on these grounds. Still I can’t guarantee what kind of judgement you will get as I have first hand information of a hubby who is being asked to pay a very high amount of relief under DV where the woman does not even come under the definition of aggreived under DV Act. He is jobless and is ordered to pay maintenance under both section 125 as well as DV Act inspite of all facts produced.

      Still, do contest it strongly …. Other than a case motivated by strong influence of an extortionist woman, such a person should not LEGALLY get reliefs.

    • #1578

      Thankyou Sanjay and Rajshree……Yes a case put up strongly is the only hope else when Judiciary is all about mood,influence,pity,and mindset,it sometimes seems so in vein to work on your case…..if a bad day,misfortune and so an unreasonable decision can make the rest of your life miserable I sometimes dont know what to do…..

      My ABA case was also ideal for bail but she made it so difficult for me to get bail,her false allegations and revengeful acting would always fetch her atleast a next date if not a favourable decision but every postponement would be hell for me…….

    • #1579

      Dear friend if your divorce petition is pending proceed it be free from your wife, if she lodged complaint try to quash the same in High court. 9821387099, 9224799546

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