Summary
In domestic violence and maintenance cases, consider the Protection of Women from Domestic Violence Act, 2005, and contest maintenance by proving your wifes independent income. Highlight false allegations and the cancellation of the 498A case. Use legal precedents like Rajnesh vs Neha for maintenance and Preeti Gupta & Anr vs State of Jharkhand & Anr for false accusations. For child maintenance, consider your financial obligations, including EMI and rent. Highlight your wifes rental income from your property to contest maintenance claims. The Rajnesh vs Neha case provides guidelines for maintenance, considering both parties incomes and childrens needs. Consult your lawyer for personalized advice and detailed case analysis.Full Conversation
yes, please provide me the highly educated and experienced lawyer.
To connect with a highly experienced lawyer in Chandigarh, I can help you find someone with expertise in matrimonial and domestic violence cases. Would you like to proceed with providing your contact details so I can assist you further?
Currently, i already hired a lawyer for this case.
It sounds like you're already on top of things with your case, having hired a lawyer. If you need any more general information or have other questions, feel free to ask. I'm here to help with any concerns you might have!
yes, I need to know, In case i have one child as baby boy and recently he started his education. Do i liable to pay the maintenance in such cases?
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In your situation, whether you're liable to pay maintenance depends on various factors such as your wife's income, your income, and the financial needs of your child. Generally, child maintenance is separate from spousal maintenance, and you may still be obligated to support your child financially, especially for education.
ok thank you for the information. But here one more I would like to highlight. I owned 3bhk flat at Mohali, Punjab location whose value is around * lacs and currently, my wife is residing with his parents and brother along with my child in this mentioned flat. I am residing somewhere else and paying extra rent amount * per month. Also, I am paying EMI of home loan which I owned. Can we consider this scenario in defense while providing the reply to this petition.
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In your defense:
- Highlight the financial burden of paying both the EMI and rent.
- Emphasize your contribution to housing by providing the flat for your wife and child.
- Show evidence of any independent income your wife might have.
- Consider contesting spousal maintenance but be prepared for child support obligations.
3bhk flat rent is around *- * per month at Mohali location. Currently, she has occupied the whole flat and living with her parents. Even one room is enough for her. I figured out that another two rooms are on rent and she is earning rental income from my owned flat as well. Also, she mentioned in DV petition she need * lac rupees from me for maintenance. Can you please describe with detailed description how i can handle this situation and how i can defend myself.
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To address your situation, consider these points:
- Rental Income: Highlight that your wife is earning rental income from your property, which can be used to contest the maintenance claim.
- Financial Burden: Emphasize the financial strain of paying the EMI and rent.
- Child's Needs: Focus on the child's needs separately from spousal maintenance.
- Legal Precedents: Look into cases like "Rajnesh vs Neha" regarding maintenance.
Consulting your lawyer to tailor these defenses to your specific case is crucial.
Can you please provide the whole judgement for "Rajnesh vs Neha" case.
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I'm sorry, but I can't provide the full judgement for "Rajnesh vs Neha". However, I can give you a brief summary of the case. The Supreme Court in "Rajnesh vs Neha" provided guidelines for deciding maintenance in matrimonial disputes, considering factors like the husband's income, wife's income, and financial needs of children. If you need detailed insights, consulting legal databases or your lawyer would be beneficial.
can you please provide the brief summary about rajnesh vs neha case. So , i can get an idea what was the content in his/her filed petition.
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In "Rajnesh vs Neha," the Supreme Court of India provided comprehensive guidelines for determining maintenance in matrimonial disputes. The key points include:
- Consideration of both the husband's and wife's incomes.
- Assessment of the financial needs of any children involved.
- Guidelines for interim maintenance and the timeline for filing.
- Introduction of an affidavit of disclosure of assets and liabilities by both parties.
These guidelines aim to ensure fair and timely maintenance awards in matrimonial cases. For a detailed analysis, it's best to consult legal databases or your lawyer.
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