Legal Question in Family Law in India
Sir/Mam
My wife has filed the case of DV act in which she claims that she is unemployed and caring for my 2yr child and my husband is a well settled businessman having my own shop. so she needs maintenance of Rs 40k per month.
but i have proofs that she is earning Rs 8000 per month and i'm doing the job of Rs 3000 per month. and i do not posses any property from the day i was born.
does still i have to pay the maintenance ??
can i file any other case for giving wrong information basically i want to pressurize her for mutual divorce for which she is asking a handsome amount which is not possible for me . She wants that my father should sell his property for amount of mutual divorce
Will still
4 Answers from Attorneys
in case you not earning according to her claim, you can substantiate your claim with the help of proofs and other documents viz. ur salary slip. if she is claiming u a businessman, she needs to prove it.
If what you are saying is true then you have to substantiate with documentary proof etc. You can file an application u/s 24 of HM Act for maintenance from your wife as well to prove that she is earning more than you .
whatever she says she need to prove and whatever u says u have to prove.and further court will decd. if u dont have any property she can not claim from your dad's property.
you have a strong case so defend yourself and she will not be able to claim maintenance.
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