Nitish Banka

    • How you can still reduce maintenance even if you do not have proof wife is really working?

    Many of my clients are unable to find an exact place or the business wife side is doing. This problem aggravates when the business is online and on social media as we cannot know if really wife side is doing an online consultation or earning through social media.

    Even after hiring a detective agency, we are unable to find a source of income for the wife side. The Answer to this lies in the circumstances.

    If you believe that your wife is working or taking up some business firstly just check her social media profiles like Instagram, youtube, LinkedIn. Find some business page or marketing material. In one of our cases, we found a diary in which we found many of the clients are paying for online consultations. Although the records were old.

    The wife side also admitted to her profession as a dietician and she claimed she was working in the past. She also claimed that she joined a job for Rs 20000/- but for the sake of the upbringing of the child, she is not working..

    However, still, she admitted that she was taking online consultations in the past and hence was capable of working. We also from the bank statement observed there were some credits in her account most likely they were payments from her clients.

    We presented a chart in which we presented the entire earnings during the tenure and even till 2021. The wife’s side covered up the situation by saying these were the payments of friends.

    Although we argued along the lines of the diary which we had discovered in which she was found giving diet recommendations to her so-called friends and charging a fee.

    The court held that we had no direct evidence of wife earning. Since we could not find the same. But on the other hand, the court failed to believe that the wife has no earnings. Which substantially reduced the maintenance for the wife’s side.

    The court assessed the wife’s income as Rs 25000/- per month. By way of circumstantial evidence and reduce the maintenance of the wife.

    You also have a good chance provided you represent good circumstances. Judgement link below

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    Adv. Nitish Banka

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