• Maintenance / alimony

Greetings!! I am from Jaipur, Got married in Oct 13. Wife was of unstable mind under her family's influence. She left me thrice and i tried to convince her and took her back fearing End of my Matrimonial alliance. 
Finally she left my house on March 15 and never came back. 
NOW she has filed DV / Divorce and maintenance case against me. She also wants me to pay her lawyer fee and 2000 for every court date. 
She is MBA in Finance and earns Rs. 37000 per month while I earn 52000.
Do i need to give her any alimony? maintainence? Lawyer fee etc. 
I am not in hurry for Divorce and can linger on the things as she seems more keen for Divorce. 
Any suggestions for me? Thanks in Advance.
Asked 7 years ago in Family Law
Religion: Sikh

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4 Answers

1) wife is highly qualified and working and is not entitled to any alimony/ maintenance

2) contest the divorce proceedings

3) contested divorce cases take 5 years to be disposed of

4) if wife was early divorce she would reach amicable settlement with you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1.Since her income in enough she is not entitled to maintenance if you could prove her income.

2. So if her income is established in court by documentary evidence then you need not pay her.

3. Yes,you can file suit for restitution of conjugal rights.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. A claim of maintenance filed by the wife can be contested on the ground that she left the matrimonial home without any justified reason i.e she left it even though she was not subjected to an act of cruelty/domestic violence.

2. Furthermore, an earning wife is not qualified to get maintenance. Maintenance is the forte of a wife who is not self sufficient.

3. Contest the case on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If she has filed the divorce case and you do not want to give her divorce so easily, you can very well drag on the case by filing on or the other petition to keep dragging on the proceedings endlessly.

You can repudiate her maintenance claim too on the basis of her employment and the salary income.

The claim for fee for her lawyer on every sitting is her problem you do not have to entertain such nasty claims.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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