How to fight maintainance cases when your wife is not working?
In maintainance cases, it is very crucial to know where your wife is working. I had advised in my videos to hire a detective agency to find out the same.
But in many cases, it is through my own experience sometimes we do not know the exact employment of the wife side.
Now with this situation at hand, it is very important to fight maintainance cases with different strategies. The strategy is to prove that there was no reasonable ground for the wife to have resided separately.
Now the question is how to execute this strategy.
The answer to this question is having a robust strategy for cross-examination…
Now what does a cross-examination strategy look like?
The strategy is to confront events like festivals year after year happening at the matrimonial home with photographs of the events. then asking about the real issue of separation and confronting with the evidence that you have on record.
Also, focus on crucial events like some major functions like childbirth, Karvachauth, and Diwali in any case you have to show that you always had a cordial relationship.
It is on the instigation of relatives that generally these cases are filed. You need to highlight this.
Here is a brief summary of the examination
Cross-Examination Strategy:
- Establishing Consistency Through Festivals and Events:
- One effective strategy is to highlight the consistency of events and festivals celebrated together at the matrimonial home. Use photographs and other documentation to establish a pattern of shared experiences over the years.
- During cross-examination, gently lead the witness to recall these events, emphasizing the positive aspects of your relationship. This approach aims to challenge the notion of irreconcilable differences.
- Spotlighting Crucial Life Events:
- Focus on significant life events such as childbirth, Karvachauth, Diwali, or other major functions that reflect a cordial relationship. Present evidence that showcases shared responsibilities and positive interactions during these crucial times.
- This strategy aims to counter any claims of a strained relationship by highlighting instances where both parties actively participated in family events.
- Addressing the Root Cause of Separation:
- During cross-examination, delve into the reasons cited for the separation. Use evidence to question the legitimacy of these reasons, aiming to establish that there were no reasonable grounds for residing separately.
- Highlight any inconsistencies in the spouse’s narrative and present evidence that contradicts the stated reasons for separation.
- Navigating Family Influences:
- Acknowledge the role of family members in the legal proceedings without placing blame. Instead, use evidence to demonstrate that the decision to file for maintenance may have been influenced by external parties.
- Focus on maintaining a respectful tone during cross-examination, aiming to shed light on the instigation of relatives without creating animosity.
Conclusion:
In navigating maintenance cases, it is essential to approach legal proceedings with integrity and adherence to ethical standards. A well-thought-out cross-examination strategy, coupled with presenting evidence that reflects the positive aspects of the relationship, can strengthen your case. Seeking professional legal advice and ensuring compliance with legal procedures remains paramount throughout the process. Remember, honesty and respect for the legal process are key elements in achieving a fair and just resolution.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
The woman always mentions that she is a burden on her parents and that they are taking care of her and children. Counter it with the kind of evidence she produces. Check if she produces an ITR to show her parents income and if the expenses reflect in their parents bank statement. Also counter her that if she has mentioned that She needs a. certain fixed amount per month means dhe has spent so much per month and the source of that money. This will clearly expose that she is earning. She may say she has taken a loan to meet her expenses means let her show the borrowings and expose her that she has suppressed the fact in her assets and liabilities. Find out the sources and means and attack het with her own statements. .