• Maintenance for wife

Hello Sir / Madam, 

I am fighting my divorce under the ground cruelty since 2016. My wife is a well educated person who has completed B.Com, M.Com, MBA and M.Phil. Before marriage she said she worked in some small companies and she left the job as she was getting married. I haven't discussed about the companies she worked. I was blessed with a baby girl and now she filed a petition for interim maintenance. I am ready to provide maintenance but with in my earning capacity. I was providing her 5000 per month where she was staying at the matrimonial home and she got absolutely no expense to do there. 
 2016 My dad was diagnosed with renal failure and I had incurred a huge debt of 12 lakhs which I borrowed for my dad's treatment. Now 90% of my salary is going for the loan. 
 Now as she has asked for interim maintenance and filed for right to stay away from husband. I couldn't take the burden of maintaining her and my daughter with the earning I am making. She is refusing to go for any job stating she don't have any prior experience though she is a MBA, M.Phil graduate. 

I found her Linkedin Profile with previous work experience and can I submit it to the court. I don't have any salary certificate of her. How should I fight this? Please advice
Asked 2 years ago in Family Law
Religion: Hindu

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15 Answers

you can submit your wife linked profile with per previous work experience 

 

2) file application calling upon wife to produce her bank statement of last 5 years , her income tax returns 

 

3)in your reply mention you have dependent parents , have incurred loan for father treatment 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Dear Sir,

Yes, you can submit to the court.

Produce the following documents in your defense:

  1. Rent agreement
  2. Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
  3. Medical expenses of yourself and your parents about Rs.5000/- per month.
  4. Dependency certificate showing how many family members depend upon your salary like parents etc,

The following FAQ' will help you,

1. What is the maximum maintenance amount for a resident Indian? 
A. Maximum is around Rs.3000 per month. Exceptions are very rare.

2.What is the maximum maintenance amount for a non-resident Indian (NRI)? 
A. Maximum is about Rs.10000 per month. Exceptions are very rare.

3. Can I appeal the order of maintenance? 
A. Yes. You can appeal (get it set-aside) within 3 months of the order.

Q. Can I bring some facts to the judge and get my maintenance reduced? 
A. Yes. 
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA). 
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc. 
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance. 
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).


Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes you can

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1422 Answers
5 Consultations

4.4 on 5.0

Hello,

If the wife has the capacity to earn then no maintenance shall be given to her. This has been held by various courts.

you submit an affidavit stating that she has the capacity to earn and also has prior experience and as such she has the capacity of maintaining herself. Yes you can submit a screen shot of her linkedin profile.

 

regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

While Considering a petition for maintenance under section 125 of the Code of Criminal Procedure, a Family Law held that a wife who is well educated/ qualified and capable of earning livelihood cannot sit idle at home and claim maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Dear Client,

Educated wife sitting ideal at home, not entitle to maintenance. Further to claim maintenance, she have to prove domestic violence and wife deserted her husband deserves no maintenance.

To refute her statement that she never worked, submit her Linkedin profile in court.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Hello there,

although it you would find the answer a little weird,

but my suggestion to you is to file for a divorce and not to defend your matter under pressure.

see, your situation is really very bad and if your wife is not willing to stand by your side, it would be good to let her know that you are no longer be willing to stay with her rather would get her divorce.

 

this will server your purpose.

1. if she can manage herself, or she is dancing on the tunes of someone else. she would  mend her ways to save her matrimonial life.

2. if she has developed an attitude not to stand by your side, she had to fight the matter.

and this is a cruelty by her and i do not find any reason you would not succeed..

 

thanks

 

Shailendra Singh
Advocate, Delhi
14 Answers

Not rated

Yes you can submit the same in court and make rge court believe that she is capable of earning

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

The previous work history does not make any sense as husband it is your responsibility to maintain your wife and child although you are financially ridden but at the same time you have the responsibility what's your family and increase your wife goes to the family court for the maintenance then you have to produce all your income and expense regard to the court to decide and also request the court to let you go for the reconciliation with your wife so that you can explain the things better and your wife agrees to come back to your matrimonial home that will definitely give you some relief as a wife she must understand the priorities of the family and in case she is not able to understand this then definitely you have to take some dastic decisions

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

You may file a petition in the same family court which ordered payment of interim maintenance praying for an order revoking further payment on the grounds of your present financial position. Please submit all relevant documentary evidence to the court.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

See only ground to contest is your liabilities so that court award least maintenance and further the ground that she is qualified highly and voluntarily not working. See court can award some maintenance for her and your child since she is not working at moment and not able to maintain her so contest on part of liability so least maintenance is awarded.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

1) Instead of providing any proof of her experience certificates you filed for RCR that you are unable to pay her maintenance so its humble request to court to grant a order to live with you in your house.

 

2) Because whether she is getting lakh of rupees salary per month than also you have to pay alimony to her and daughter.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

You are bound to pay her maintenance  since  she  is your legally wedded wife  and she is not  employed nor having  any income to sustain her expenses.

Her current status is that she is unemployed and no income to sustain her own expenses as well as the child's expenses.The court  will  go  by  this  fact only while passing an order  to grant  her  interim  maintenance.

However there is  no bar  in you  explaining before couirt all your  commitments towards your sick father  and other  liabilities.

You can convince court about your present  financial  constraints, the couirt may consider to grant  a lower  maintenance.

You  can also  express  that  you  are always ready and willing to take care of her in your home, but  it  is  she  who  do not  want  to live in the  matrimonial home  for the  reasons known to  her.

You can seek to  dismiss her maintenance claim  on  the above  grounds  also

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

yes, you may file her linkind profile before the court in the maintenance case but for the child you have to pay maintenance as being a father you are responsible for her maintenance and other expenses.

 

the court will consider all the aspect of your life and responsibilities like your parents.

Fight the case on merit with the help of a lawyer who deals in matrimonial cases.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6140 Answers
292 Consultations

4.9 on 5.0

  1. It is very painful to get to know about the behaviour of your wife asking for maintenance even after knowing the condition of your father and having no expense for herself.
  2. You should file an application before the same court wherein maintenance  was awarded staying the She has not been doing job intentionally.
  3. There are several judgments which say that wife is not entitled for maintenance if has enough education, but not willing to work for the sake of the maintenance.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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