My wife leave telling she has some urgent work in her native. After few months she put 498A , 125.in the cross of 498A she clearly told she can't give any medical proof of any physical or mental torture . In family court she filled 125 on 2014 but is not able to give a single paper as proof.court asked her SEVERAL TIMES TO SUBMIT ANY PROOF WHATEVER SHE BUT AS THE TOTAL STORY WAS FAKE I ALSO KNOW VERY SHE CANT GIVE ANY PROOF. SO my question is whether court can ask me give any maintenance to her under any ground?
Hello,
Section 125 just states that the husband in liable to maintain the wife. The wife in case of 125 just has to prove the marriage to claim interim maintenance. Even if divorce takes place then also you will have to maintain her till the time she gets re-married.
The few defense available to avoid maintenance u/s 125 is that she was having extra marital affair or she has the capacity to earn.
Regards
Court will decide justified maintenance amount, not the amount which is claimed. Justified amount of maintenance will be decided keeping in mind your actual economic liabilities and burdens.
you can file a petition of RCR now. It will help in the maintenance case filed against you.
See if she has willingly deserted you and she has income then she is not entitled to any maintennace. Though if no income then court on discrition can give some maintenance.subject to evidence of she is not earning.
if your wife is not working court would award her maintenance
2) court considers your income , wife income , standard of living , number of dependents in determining maintenance
Right now she is working as asset professor in a college & earning 4000 p.m. I have letter from the principle of the college but AS that time when she put 498A on 2013 in my native I need to left my job on May 2014 as my native is far away from my work place AND STILL I AM JOBLESS spending life with the help of my family and credit card for last 4.5 yrs.
usually maintenance will be decided by the court taking your consideration your income, assets etc etc.even if you dont have job you need to pay maintenance for the child but not for wife since she is working and you have to prove that in court.if you feel that the maintenance is excessive you can file a modification petition in the court to change it
If your wife is working and earning sufficiently to maintain our self she will not get any maintenance allowance from you under section 125 CRPC but case is not getting sufficient salary she will get the amount allowed by the court as maintenance.
In 498 a case if she is not providing any document in support to her claim her aquisitions will be done by the court and case will be dismissed
since your wife is highly qualified and working she would not get any maintenance
in your reply mention that you dont have job for last 4 years
If you do not have any kids and she's educated enough to work court may not grant maintenance you need to give her previous work certificate in your evidence and show that she willingly left home with only intention of claiming maintenance. Plethora of citations are available where maintenance is refused to wife capable of earning
When she left that her salary was nearly 7000+, even whn she put 125 that time also her salary was same 7000 in 2014 , but after that as she had not complete d P.hd so salary come down, then why court will consider current salary. She deserted me on Dec 2012, whn her salary was 7000, I have paper. THEN COURT CONSIDER 7000 WHEN SHE DESERTED ME I.e. 7000 OR 4000? Also I asked for divorce on the ground of desertion on 2015 I.e. after 3.5 yrs she desert me.
Dear,
First of all if you have any proof that you are jobless, present in court and
present proof of your wife working.
You said you are using credit card, who paid the bill of credit card.
If court not satisfy with your words than you have to pay maintenance.
1) Court considers last 3 years annual income in determining maintenance
2) you can file for divorce on grounds of desertion
the court will peruse the papers and evidence on record and if its proved that she has income she will be denied maintenance. only if any child is there court may grant maintenance for him
The Divorce Petition can be filed on the ground of Desertion as the husband and the wife have been living separately for more than 2 years.
Move an application in the concern court and request the court to give direction to the employer to submit her service details including her salary before the court .
Dear Sir,
You need not pay anything to her as you are known unemployed and in turn you can claim maintenance from her under HMA Act, if you wish or file divorce case on the ground of desertion.
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Section 24 in The Hindu Marriage Act, 1955
24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: 54 [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
It does not matter that you are working or not. the law believes that the husband has the duty to maintain the wife
If she has the capacity to earn then in that case you may challenge the maintainability of her 125 petition on the ground of the judgment passed by various HC
This is a matter of contest as she is not sufficiently learning for her expenses and the court may decide in her favour to provide certain amount which cannot be very big for her maintenance and any additional amount for legal expenses.
Sir the case has to be contested on grounds that she deserted you and you donot have source of income on contrary she is earning and can maintain herself
Sir for maintenance current salary is considered for calculation. You can contest 125 on ground of desertion,
Dear client u mentioned that Ur wife left home.. by saying false information that she has some urgent work.. and she stayed there several months.. with out informig u she filed false case against u .. then No Court will grant her any kind of maintenance or alimony...
U file against her a divorce case on the grounds of desertion ..
