• Wife seeking alimony before divorce

Dear Sir,

I am 32 years of age working in Germany and my wife is 27 years old. She left my house about an year back. Now She has filed a 498a case against me about 6 months back and she is seeking maintenance charges of 50k per month without filing divorce by mutual consent. Is she liable to file such a case? and am i liable to pay her mainenance costs? WIthout divorce why should i be liable to pay any maintenance charge? please inform me in this regard what is the best option for me?
Asked 8 days ago in Civil Law from Germany
Hi, a wife can seek maintanace from his husband if she is unable to maintain herself under section 125 Crpc .. If she is working and earning by herself she cannot claim maintanace .. where have she filed the case ?? Have you recieved the summons ?? Kindly elaborate 
Hemant Chaudhary
Advocate, New Delhi
1882 Answers
7 Consultations

4.9 on 5.0

1)wife can seek maintenance from you if she is unable to maintain herself 

2) if wife has been working in the past you can in your reply take the plea that wife is working 

3) if there is substantial differences in your income court would award wife some maintenance 
Ajay Sethi
Advocate, Mumbai
38779 Answers
2174 Consultations

5.0 on 5.0

1) engage a local lawyer to appear on your behalf 

2)we do not advise you to suppress material facts from court 

3) wife can make application calling upon you to produce your income tax returns , salary slips , bank statements 

4) your bank statement, income tax returns  would reveal your actual salary 

5) if you make false statement on oath you can be prosecuted for perjury 
Ajay Sethi
Advocate, Mumbai
38779 Answers
2174 Consultations

5.0 on 5.0

1. if your wife is not working or her income is disproportionately less than that of yours then she is entitled to maintenance @ 1/3-1/4th of your income.
2. Mutual Divorce depends n consent of both parties.if she does not agee then you wll have to file a suit for contested divorce.
3.Unless you prove her present employment on the basis of her past hob you can not avoid maintenance.
4. Telling lie in court is a criminal offence. So decide accordingly.
Devajyoti Barman
Advocate, Kolkata
10762 Answers
134 Consultations

5.0 on 5.0

Hi,
You could have all the authority to ask your bank details and in case you're providing long is statements that will be treated adversely on your part the matter AP maintenance is taken up according to the expenses in the country her normal leaving so please don't worry about the maintenance amount and definitely it will be asked on higher side by the applicant but may be contested.
Vimlesh P Mishra
Advocate, Lucknow
225 Answers

5.0 on 5.0

You're liable to maintain your wife at anytime before, during and after the divorce, until the time she goes for a remarriage. However, your liability to maintain your wife ceases incase your wife herself is employed and earns for self. 
Vibhanshu Srivastava
Advocate, Bangalore
2973 Answers
16 Consultations

4.9 on 5.0

As long as she has a court order mandating you to maintain, you're not be compelled legally, to maintain her.

You're advised to enter appearance in the case filed by your wife.
Vibhanshu Srivastava
Advocate, Bangalore
2973 Answers
16 Consultations

4.9 on 5.0

Dear Querist
legally a husband is bound to maintain his wife, child and parents who are unable to maintain herself as per section 125 of Criminal Procedure Code-1973.

1/3 of your income can be granted as maintenance if she is not able to maintain herself and if she is able to maintain herself and having independent source of income then her petition for the maintenance can be dismissed by the court.

You are bound to inform to the court with your real facts and circumstances, including your status and income along with liabilities and expenditure.

if your employer is ready to help you then you can get the salary slip and based on your documents the court may consider the maintenance amount.

It will be better to fight the case on merit with the help of the lawyer who deals in the matrimonial cases.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4486 Answers
204 Consultations

4.9 on 5.0

You can ask for reduction in alimony saying that she is qualified and can work and also show that she was working before. I would not suggest that you show lesser salary receipts because if the documents are sourced through High commission of Germany then you and your employer are bound to get in trouble. You need to find a local lawyer and ask them to make an appearance in your case
Richa Bharadwaja
Advocate, Delhi
11 Answers

Not rated

Your wife is dependent on you for which you may have to pay the maintenance to her and she is entitle for maintenance.

If you can give evidence or proof that your wife is not dependent on you that she is working enough to maintain her self you don not have to pay for her maintenance.

You can produce the lesser salary slip but if the Court direct you to produce your annual Tax returns and the Bank statements you may have to face criminal proceedings against you. Be careful what you are asking for?
Rajashekar
Advocate, Bengaluru
229 Answers

4.8 on 5.0

Hi, yes in your defence you can provide her income and employment proof before the court and plea to dispose of the application .. If will be advisable to show minimum salary of yourself  before the court ..does she have any proof that you are working ?? 
Hemant Chaudhary
Advocate, New Delhi
1882 Answers
7 Consultations

4.9 on 5.0

Yes the wife can seek maintenance from you if she is unable to maintain herself. You may take this defense of she being an earning women if she files a case for maintenance. However, even if the wife is working then also the court can grant maintenance if there is difference between your income and your wife's income then the court may grant maintenance.

Regards  
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

Engage a local lawyer to present your income.
Income affidavit will have to be filed with the reply and you are not advised to hide any fact at this juncture, since you can be prosecuted for presenting false evidence. 

Regards 
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

1. For claiming maintenance from Husband, wife need not file divorce suit or get divorce first.

2. First take care of the 498A complaint filed by her. Has FIR bene registered by the police based on her said complaint?

3. If yes, then apply for and avail Anticipatory Bail for all the accused first and then contest the case fittingly.

4. Thereafter contest her maintenance application. If she is employed or is highly qualified to earn adequately then she is not entitled to any maintenance from her husband.

5. Apart from the above, if she has left her husband's house without any cogent reason, then also she is not entitled to any maintenance from her husband.

6. If you want to terminate the matrimonial relationship with her, you can negotiate with her and jointly file a mutual consent divorce petition which will be decided within 6 & 1/2 months from the date of its filing.
Krishna Kishore Ganguly
Advocate, Kolkata
16103 Answers
389 Consultations

5.0 on 5.0

1. You shall have to appear before the Court through your Advocate to contest the case filed by her against you.

2. Ordinarily, 25% of the net monthly earning, after deducting the PF, I.Tax, EMI for self reciding dwelling house, of husband is allowed as maintenance by the Court.

3. In case of salary earned in foreign currency, it is multiplied by PPP (i.e. purchasing power parity) index to arrive at the Indian equivalent of the foreign earning.

4. You can show a compromised salary if your employer agrees to supply documentary evidence to that effect.
Krishna Kishore Ganguly
Advocate, Kolkata
16103 Answers
389 Consultations

5.0 on 5.0

Though she has not filed Mutual Consent divorce, she can claim Maintenance. Normally maintenance will be 1/3 of your monthly salary. But as you said that she was earlier worked.  By showing the salary slip you can ask the court to reduce the maintenance amount.  Since you are working in Germany, it is not so easy to know about your salary details. 

Ravinder Pasula
Advocate, Hyderabad
389 Answers
84 Consultations

5.0 on 5.0

If your spouse is living separately away from you she is eligible for maintenance.

However you can repudiate the claim by expressing that it was she who abandoned the matrimonial home without any valid reason.

You can mention in your counter that she voluntarily withdrew from your association even though you are always ready and willing to take her back and provide her all kinds of facilities in the matrimonial home.

You have to fight back strongly on the basis of evidences and merits in your side.
 
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

 I have recevied the summons and the court has asked me or a lawyer representing me to be present. 
If i have to show my salary slips, can i show lesser salaries? is there anyway the court can find out about my salary? my employer is ready to help me to give lesser salary, salary slips.



You do not have to produce your salary slips or salary details before the court.

It becomes her duty to prove your salary and  income from other sources to justify her claim.

Dont provide the salary details even if the court orders you to produce the same, you may state that there is no such system in your company to provide salary details, and you can deplete your salary to maximum extent and can give an incorrect figure too before court, nobody will verify from court the authenticity, if at all she says that your salary is different to what you say, she has to prove the same by authentic evidence.

You can discuss with your lawyer on further issues  and decide the action to be taken properly.
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

 I have recevied the summons and the court has asked me or a lawyer representing me to be present. 
If i have to show my salary slips, can i show lesser salaries? is there anyway the court can find out about my salary? my employer is ready to help me to give lesser salary, salary slips.



You do not have to produce your salary slips or salary details before the court.

It becomes her duty to prove your salary and  income from other sources to justify her claim.

Dont provide the salary details even if the court orders you to produce the same, you may state that there is no such system in your company to provide salary details, and you can deplete your salary to maximum extent and can give an incorrect figure too before court, nobody will verify from court the authenticity, if at all she says that your salary is different to what you say, she has to prove the same by authentic evidence.

You can discuss with your lawyer on further issues  and decide the action to be taken properly.
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

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