1. If she is not employed and not having any source of income to sustain her expenses then she will be entitled to maintenance amount from her husband. 

The quantum of maintenance amount will be decided based on the proven income,  to the extent of  at least 25%.

2. The maintenance in DV case is different to that of other allegations made therein 

3. If she is highly qualified then she cannot sit idle to claim maintenance,  you can make this point in the arguments. 

4. The divorce case is different to that of maintenance. 

Even if court is granting divorce on the grounds of cruelty,  maintenance would be granted to her if she's not employed. 

5. If she has filed the false case and if the same is dismissed then you can file a defamation case against her. 

Your medical expenses would be taken into account while determining maintenance 

2) you have to pay maintenance of wife not working 

3) one third of net income is awarded maximum as maintenance 

4) if wife is highly qualified court won’t award her much maintenance 

Merely relying on your short facts, let me attempt to answer.

Is there any order on DV?

If so, better comply as high court may not grant relief in your favour. However, you have to put forth your assertions and prove that she is capable of earning and the allegations are false. You will not be exempted from paying maintenance. Don't burden with too many cases, try to get rid of this by going for compromise. You have not specified in detail about the child. Is the child in your custody?

G.Rajaganapathy

Advocate,

High Court of Madras.

Dear Client,

In your case it is possible that you may have to pay maintenance during the Domestic Violence (DV) proceedings though your wife may be levelling baseless allegations. Your wife will be able to claim from your income of ₹ 90,000 or any reasonable amount minus the medical bills. While the DV case might be false, and may change maintenance obligations if proven so, it does not necessarily remove you from paying unless a court allows it to do so. As for making home dues, since your wife is capable of earning but decide not to work then this too can be taken to court to try and reduce her maintenance claim. Furthermore, an act can be an act of cruelty in terms of Section 13(1)(ia) of the Hindu Marriage Act, 1955 where false allegations have been made. Once you prove that the allegations made by her are false you can file a defamation case under section 354 of Bharatiya Nyaya Sanhita (previously, Section 499 IPC) or can lodge a complaint under section 246 of BNS (Previously, Section 211 of IPC) for filing a false case. For these legal issues, you should consult a family law attorney to assist you on the matter to avoid further complications.

Hope you find this answer satisfactory.

1. You can approach the High Court for dismissing her compliant /FIR , if you have sufficient proofs against her allegation. 

- She can ask for maintenance in her DV case , however you will be given opportunity to argue before fixing the interim maintenance , and you can produce the medical papers before the court for your said diseases and its expenditure 

2. Yes, 

3. You can submit the proofs of her beautician work proofs before the court at the time of deciding the maintenance 

4. As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

5. You can get divorce on this ground 

Wife has to prove all allegations made in the case 

2) her criminal background will help your case 

3) laws do favour women .husband has to pay maintenance if wife is not working 

4) court may award  around one third of your net income as maintenance 

5) your personal loans would not be considered 

6) take plea that wife is highly qualified and can work and maintain herself so not entitled to maintenance 

7) she has to lead evidence as to how she got bruises .you can cross examine her 

1. There's a procedure to be adopted while filing the photos as evidence.

2. Interim maintenance can be ordered without proper enquiry too.

3. If she is not having any source of income now then the court may pass an order for maintenance based on the facts presented by both parties before court.

4. Maintenance amount will be decided on your income alone. You will be required to file an affidavit declaring your assets and liabilities, the court will decide on that basis.

5. No, it will not be entertained.

6. Maintenance is different to that of false cases. Maintenance amount will be decided based on the income of both.

7. The court will consider the case before it.

8. The burden lies on her to prove her allegations.

Dear Sir,

My Answers are as follows:

1.For DVC,if she shows some pics of hands only showing some bruises,will the Judge take it for consideration?

Ans: the judge may give only 10 to 20% weight age to such pictures provided established evidence is brought on record.

2.For MC,without enquiry,will the judge ask to pay interim maintenance?

 if we prove false allegations,,still we have to pay maintenance?

Ans: If she is not earning or less earning than you, to maintain financial status, the Court may award some interim maintenance to her.  

3.she is doing beautician in past,she acted film,she doing modeling(locally),she finished ME civil 1 year back.....but now she is not seeking any exams or not doing job for securing maintenance amount....if we prove false..then why have to pay maintenance?

Ans: you have to establish her income by producing documents and Court may not accept your pleadings that she had source of income previously.

4.suppose if hav to pay maintnance---A)maintenance calculated on my salary only or parents salary also

 b)my salary is 90K...my personal loan paying 49k,my medical expense fr spine prblm is around 15 k,my fuel charge is around 10k,,for advocate fees is arund 10k.. what amt may i pay her

Ans: It will not be calculated scientifically but randomly an interim maintenance between Rs.10 to 20,000/- per month maybe awarded in the given background.

5.suppose if granted ,after proving false allegations...will myself able to claim back the amount paid by me

Ans: There is no such provision under Indian Laws.

6.Another major common doubt is if any female married husband and live for few months and then she goes her parents home and she filed a fasle case aganst husband family--A)then our system ask the police to File FIR against husband without enquiring?.....B)even false case, husband has to pay maintenance?..c)all laws for saving ladies and wife..what laws for husband?

Ans: The laws in favour of married women were enacted to safe guard them but now being misused.

7.Anothr doubt,before filng cases and befre judgement whether the judge/PC concern abt past history of my famly and her famly becoz myself and my family is well reputed and good names...she and her father involved in some assault cases...ans her father without going job ..cheating inlaws family and siblings family.they are living

Ans: No such detailed investigation will be done either by Judge or police station.

8.she putting lot false allegations..will she have to prove all or 1 enough

Ans:  During the cross examination your advocate must destroy her case and made her to admit that most of the allegations made in her pleadings are false and baseless.

*********************************

Dear Client,

Here is the possible response to your queries

1. In the case of Domestic Violence, if your wife produces before the court photographs of bruises, then that may be taken into consideration, but she has to prove that such injuries have been given to her by you. Mere photographs cannot prove anything against a person, therefore, there is scope for argument against such evidence.

2. In cases of maintenance, prima facie evidence may be permitted by the court even without any proper investigation, and an order for interim maintenance can be passed by the judge. You will have to pay maintenance even if you prove her allegations of default to be false, but the amount may be reduced or even disallowed by the court as per its estimation of her needs and your ability to pay.

3. If you can show your wife is capable of earning -- by showing past work as a beautician or education -- the court may remit or refuse to award maintenance. The courts, in general, are reluctant to award maintenance if wife has deliberately avoided employment with the sole intention of claiming maintenance.

4. Maintenance amount is usually computed on your income and not your parent's. If your monthly salary is ₹90,000 and you have heavy financial commitments like loan repayments or medical and legal charges, the court is likely to consider all these points while deciding an amount for you. The figure can range between 20-30% of your net income with deductions.

5. If allegations prove untrue, one could prohibit future maintenance but could not recover past payments.

6.a) A police can even file an FIR without investigation in false cases. b) Maintenance can also be granted in false cases. c) Husband protection laws are lesser but exist.

Thank you.Hope this answers your query.

1. Without a medical report from government hospital ,simply the bruises will not prove violence's upon her. 

2.  You will be given opportunity to file reply of her complaint and to produce her financial status & education before deciding the interim maintenance. 

3. As per law, a well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- You can produce her educational details before the Court. 

4. She is not entitled to get any benefits or advantage from her in-law , and she can only claim maintenance from you as per your net income after deducting all the expenditures. 

5. No.

6. She can lodge a complaint before the women cell , and you will be called from the said cell to explain your side, and if not co-operated with the said cell , then the police can lodge an FIR 

7. You can produce the evidences before the court against them. 

8. Only allegation is not enough for offence, and hence she will have to prove the same in evidence. 

1. The first wife may object your visit of the child but she has no reason to harm the second wife for this act.

2. If you are not allowed to visit your child you ca file a child custody case with an application for visitation rights as an interim relief.

You file the child custody case.

3. As a biological father you have rights to visit your child.

4.  That is a different case to that of the child custody, it may not be useful to this case.

5. You collect her income tax returns, if she is filing one, otherwise you can collect the details of her income from this business through your source and can produce it before court.

6. The court will go by the facts. 

You are at liberty to meet your child from first marriage 

2) if you are denied access to your child you have to file petition seeking visitation rights 

4) if any fraud has been committed file police complaint against fraudsters 

5) you have to prove wife is doing beautician business ,that she is taking payment from clients 

6) judges don’t believe without evidence to substantiate the allegations made 

Dear Client,

Here is the possible response to your queries,

1. Your child and second wife's case: Visiting your child will not add to complication in the 498A case filed against you by your second wife. This is because child visitation rights are separate, cannot be tagged with that kind of case.

2. Right to visit your child: You have the right to visit your child at home or at school, other than that allowed by the conditions of a court order. Hostile behavior by the family of your first wife can be legally controlled through the enforcement of your visitation rights.

3. Rights to visit your child: Regardless of whether you ever remarry, nothing impacts on the rights to visit your child from the previous marriage.

4. False enrollment in land registration: In case there have been forged engravings in your wife's and father-in-law's land registration you may file a complaint against them. However, the legal significance to your case depends on how you word it legally.

5. Income proof: Gather evidence that she earns her money by sending business advertisements and photographs or even client feedback. You can present these in court to prove that she is indeed capable of earning.
6. Effect of acting in court: lllCourts do not rely on acting. If your wife cannot properly present her evidence, her exaggerated claims are likely to fall. Make sure you have good, factual evidence to defend yourself with.

Thank you.Hope this answers your query.

1. Yes, the second wife can raise issue against the visit of first wife and not child. 

2. No

3. Yes, being the biological father of the child , you have legal right to visit and meet him. 

4. Yes

5. Yes, you can produce the proofs of the same that she is working in a beauty parlor 

6. Only allegation is not enough for proving a case , and she will have to produce the evidences in support of her allegation against you. 

Police generally tend to lodge FIR on basis of wife complaint without conducting enquiry 

2) after conducting investigations charge sheet is filed 

3) police can file closure report if they do not find any evidence against accused 

4) it will not affect your mother retirement 

1. The police will act on the basis of complaint, you have to challenge the same in trial proceedings only on the basis of merits and evidences supporting your situation.

2. The police will file it at their leisure time, if you are in hurry you may have to file a petition before concerned court to direct the police to hasten the same.

3. The police knows how to manage.

4. The above answer suits this question too.

5. No.

6. No.

1. Yes

2. If charge sheet is not filed then the husband can get the bail on this ground 

3. The FIR lodged on the instruction of the women cell 

4. Husband can approach the High Court for quashing the FIR

5. NO.

6. No. 

It is necessary to mention the date and time of the alleged affair

2)mere vague allegations do not suffice

3) Wife has to proof the allegations made by her in the petition

4) Don’t make allegations against her parents

5) You can rely upon the pictures mentioned by you

1. The burden lies on her to prove her allegations with documentary evidence, if not her case can be dismissed.

2. You cannot restrict your wife to talk to anyone, besides even if you were really ion relationship with another girl, it is not an offence as per law.

3. No comments

4.  -do-

5. They may be helpful during cross examination, however the couirt will not consider it as an offence even if she proves it.

6. You have no case against her parents.

7. If she is not having any source of income then the husband is legally bound to maintain her.

8. They are not admissible as primary evidence.

1. Yes, mere allegation is not enough to prove a case or for an offence , hence she will have to prove those allegation 

2. That girl can lodge a complaint against your wife for the said defame allegation. 

3. Even a video recording is not admissible without an additional evidence 

4. She is making false allegation 

5. Relevant

6. Allegation against her father and mother will not helpful 

7. If she is not working then she can claim maintenance 

8. Reply No. 3

You can contest the case get her cases quashed or dismissed. If not contest the trial and get yourself acquitted 

Conflicting dates will help your case 

2) it will not affect your counselling selection 

3) husband will not get back any money 

4) he can file case of perjury  against wife for making false statements on oath 

1. For now, the false case filed by her would be dismissed.

2. There is no provision in law to get back the amount paid as per court order in this regard.

3. No provision in law for that.

4. It is subject to the court decision.

5. You may have to extract the contradictions during cross examination which may help you get the case dismissed.

You can contest all the above allegations in cross examination before court