• Wife claiming maintenance charges

Me & my wife are married for 13 years every now & then she used to quarrel with my mother as from the very first day of marraige they both are not on good terms she had last month filed a police complaint against me & my mother and had left our home with my nearly 3 years old only daughter she had also filed a complaint in caw cell her main motive is to get maintenance charges and provide her an alternate accomodation so that she can live indipendently she doesn’t want any interference in her life is that she need i at any cost don’t want to leave my daughter and still want to live with her for the sake of my only daughter neither I would never leave my mother who is 65 years old as i am the only son to look after her how could I avoid her getting maintenance charges from me kindly help and give an appropriate suggestions...
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

Hello sir , a wife is legally entitled to claim 1/3 th salary of his husband as monthly maintaince .. However , if a wife is earning and has deserted his husband without any justified reason she cannot claim any maintanace from her husband ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You should first apply for anticipatory bail to avoid you ND your mother from arrest by police officials ND also file a suit restitution of conjugal rights coz uh still wanted to live with her... Under this court may pass decree in ur favour ND order her to live with uh... ND also file a complaint against her by you ND your mother on cruelty basis

For more info uh may contact me I'm practising in Delhi ....

Chamber at karkardooma court

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

If your wife isn’t working and can’t earn her livelihood, you have to pay maintenance as she has moved to CAW cell. If she files a complaint case of domestic violence she can claim shelter and maintenance under section 18 to 23 of the domestic violence act. Other then this she can also file a maintenance suit under section 125 C.r.pc. To claim maintenance of herself and daughter. You have to pay a part of your monthly income.

Hence you can’t get away by the rights she has as a lady.

Coming on to what remedies you have:

Once she files a suit for maintenance or domestic violence, she has to file an affidavit of income and expenditure which will reflect what she has for her and your daughters livelihood. Similarly you also have to file the same affidavit. The remedy for you is your income and expenditure affidavit and your written statement. Try to place yourself accordingly.

Parallel to all this file a suit under section 9 for restitution of conjugal rights and place it as a ground for not giving maintenance.

For any other assistance and clarity please feel free to consult.

Regards

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

1. Check whether FIR is registered or not. If yes then do not waste time to apply for bail which is to be allowed in all likelihood.

2. Now if she stays separate and has no source of income then she is entitled to maintenance @ 1/3 to 1/4th of your income.

3. So in such case the remedy is either to contest the same in merit or to make settlement with her and bring her back.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Is your wife working ?

Has she worked in past ?

If wife is working and there is not substantial differences in your income she would not get maintenance

You can file petition for RCR seek joint custody of your child

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

As she is not working for four consecutive years after your daughters birth, it won’t be possible for you to take this as a ground. Subsequently she has a daughter to look after.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

The following factors to be considered by the Court, while awarding the amount, as held by

Delhi High Court in Sh.Bharat Hegde Vs. Smt.Saroj Hegde.

1.Status of the parties.

2.Reasonable wants of the claimant.

3.The independent income and property of the claimant.

4.The number of persons, the non applicant(husband) has to maintain.

5.The amount should aid the applicant to live in a similar life style as he/she enjoyed in, her matrimonial home.

6.Applicant’s liabilities, if any.

7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.

8.Payment capacity of the non applicant.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can oppose her maintenance in Court only if she is working and capable to earn. Else you need to maintain her and your child.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

u can fight showing her source of income to avoid maintenance

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

You should emphasise on fact that wife has worked in past and was earning Rs 15000 per month

Court would consider said fact while determining maintenance payable by you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Sir in case your wife is qualified and is capable of earning you can contest the maintenance, In judgement of Mamta Jaisawal MP high court held that the qualified wife cannot sit idle and simple claim maintenance so if your wife is qualified and she has previously worked you can contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further it can be contested that since the wife has filed false complaint under DV act just to claim maintenance and there are no evidence and proof of same she is not entitled to any maintenance under DV act there is a recent Bombay high court judgement on the same point.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Unless and until you can establish her present state of employment her past job is no ground to avoid maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

hello,

your wife has filed a maintenance application. you should file an RCR application and state before the court that your wife has abandoned and deserted you and therefore she should come back. she has to explain the desertion and if she is not able to give an adequate explanation the court would tell her to move back with you.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Dear Querist

You have to pay maintenance to her and child if she is unable to maintain herself and if she is no independent income

If you proved it before the court that she left your company with her own will and without any sufficient reason then she will not be entitle to get any maintenance but child will get.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Are you worried about the non existent maintenance case or the pending criminal complaint against you?

She is yet to file a maintenance case hence dont keep worrying about it so soon.

Since she has filed a complaint with the CAW cell, you may explain everything properly to the officials of CAW cell.

If she files a maintenance case subsequently, you may inform court that you are ready to take her back whereas it is she who has withdrawn from your society without any valid reason hence her maintenance petition may be dismissed.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

St the moment She is staying at her parents house .....she had also worked for 3 years from 2011 to 2014 and was drawing a salary for around 15000 before our child was born in 2015 then she left the job

Since she is unemployed at present, the court will grant an order of grant of maintenance based on her employment status.

You cannot avoid paying her maintenance.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. Practically, maintenance can be avoided by husbands in India only if they prove the self sufficiency of the wife. The onus will be on you to prove that your wife has sufficient means of her own to maintain herself, else the court will award maintenance to her, albeit it has to factor in your liabilities before fixing the quantum.

2. Even an earning wife is entitled to claim maintenance from her husband if her income is insufficient to address her needs.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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