1. She is entitled to file maintenance petition and in all probability, she will also get an interim order directing you to pay her some amount towards maintenance.

2. Maintenance petition can be filed where the wife is currently residing for which it will not be possible for you to get the said case shifted to Visakhapatnam.

3. Ordinarily, maintenance awarded is an amount in between 1/5th to 1/3rd of husband's net monthly earning after deducting statutory payments like PF, ITax etc., mandatory long term medical expenditure, EMI towards house building loan etc.

Dear

You can challenege the matter in supreme court of india ..

Regards...

Mob-No-[deleted]

1) wife is entitled to maintenance

2) petition for maintenance would not be shifted to vishakapatnam

3) wife would get be entitled to around 10000 a month as maintenance .

4) court considers your income after taxes, dependent parents if any while deciding claim for maintenance .

1) in case income reduces you have to file application for modification of maintenance amount

2) your income tax retruns , proof of payment made to dependent parents of Rs 12,000 per month

3) medical bills for period of last year or so to show expenses incurred by you

1.You can file a petition praying for revision of the order but it shall have to keep in mind that Supreme Court has opined that husband shall have to maintain his wife by begging or borrowing. So, the maintenance should adequate to maintain herself.

2.You shall have to submit documents evidencing your liability towards paying EMI & other mandatory expenses. Your salary slip & IT Return copy can be submitted to prove how much I. Tax and how much is deducted towards PF etc.

1.) Is she is eligible to file for maintainance , as she has not filed any divorce application?

The Lucknow court has dismissed her complaint on the jurisdictional point of view only and not on the account of its maintainability.

She need not file a divorce case for filing a maintenance case, just living separately and being your legally wedded wife shall entitle her to file maintenance case against you.

2.) As per law,is it possible to shift this petition to court of Visakhapatnam?

You can file a transfer petition before supreme court for transferring this case from Lucknow to Visakhapatnam.

3.) in case she succeeds to get maintenance, how much it can be.

Salary is 50 K, housing loan of Rs. 5 K , Fathers medical Bills - Rs. 9 K & Mom's medical Bill - Rs.3 K (total liability : 17 K + home daily needs of food & shelter) , My wife's age is 28, 12th Pass, No child, Non working?

There is no particular yardstick to measure the quantum of maintenance that can be awarded by court.

It mostly depends on the proof of your income produced to convince the court by her side and it shall be almost 1/3rd of it depending on the circumstances and your arguments defending your side.

1.) Do the maintenance would be revised by the court or made less as per that time income?

If your income is reduced in the later stage or if you are unemployed without any income then you may have to file a petition expressing your inability to pay her the maintenance as per court order and may request the court to revise the same based ion the substantial evidence you have produced before court.

It is not an automatic process.

2.) what type of document should i make ready to show my liabilities,please suggest if possible.

You produce the factual documents whichever may reveal the prevailing circumstances to convincingly defend your case before court.

1. The maintenance claim of wife can be contested by you on the ground that she left the matrimonial home on her own accord without any sufficient cause i.e you did not subject her to any act of cruelty. Ordinarily, maintenance is 1/3rd of husband's net salary.

2. If your income declines in future then you may apply to the court to modify the order to reduce maintenance.

3. The documents pertaining to EMIs, parents medical bill should be led in evidence by you to prove your liabilities.