No she is not eligible for maintenance and alimony if she is working and has money and she is at fault. If the fir is still pending it should be quashed by filing a petition in the hc.

Regards 

1. See wait for some time in meantime FIR is filed since the case is false file discharge petition before the sessions court.

2. See your freind can contest alimony application if any filed be her as she herself deserted and married by giving false background the court may deny her any alimony.

1. Since the charge sheet has not been filed , hence Quashing of the 498 A  is not maintainable. 

- When the charge sheet will be filed before in Court , Court will issue summons to your friend and the persons named in the FIR , and accordingly he will get the copy of the same.

-  After going through the Charge sheeet , you friend should proceed to High court for quashing the same.

- Session/Magisterate Court has no power to quash an FIR.

2. Since, the case filed by his wife under section 125 CrPc dismissed without trial/evidence , hence she has right to refile the case afresh.

- If, she is competent to maintain herself , then She will not get any maintenance as per law. 

- She will be given opportunity to prove her case and allegations, only after that Court will decide the case. 

- What about the case of Restitution of consugal rights filed by your friend? If he gets favourable order  , then he will be free from the burden of allimony as well. 

1) quashing is to be done only in exceptional circumstances 

2) wait for filing of charge sheet then based upon legal advice file for quashing in HC or discharge in trial court 

3) if there is substantial differences in your incomes wife would be entitled to alimony 

Quite possibility police may submit closer report and if not than to quash FIR, petition will file in HC.

Alimony is already denied by court. She could have file appeal. Now cannot claim 

You can apply for quashing but on this ground quashing is difficult. Court will give them direction to file charge sheet. 

You can object the alimony on aforesaid grounds

1. It depends upon the judge who may consider all relevant parameters to Quash the FIR. As it is patna verify with the counsel practising there.

2. Again it depends upon the judge and facts which has to be considered.

The police can file B report, however , on the basis of the statement of the complainant and others there is little chance of filing B report. if there is no proof you can also file a petition under section 482 for stay and quashing of the said FIR. 

Yes your friend should go for quashing of FIR as there are no evidence of cruelty and dowry against them and chargesheet is still not filed.

It is good for your friend that maintenance case against him is dismissed by court.

She is not eligible for maintenance and alimony as per your version and her case is already dismissed by patna Family court. 

Dear sir 

My reply is as follows:

1. As more than two years have passed & no Charge sheets are framed against them under 498 A FIR which states Awaiting Final Form/Charge sheet for 12+ times, & it is also verified in FIR status with objection as “Defect” & “Order has not been uploaded by Concerned Court”. Is it necessary to Quash the false FIR for 498A in Patna High Court?

Ans : It is required to file quashing petition to get immediate relief and also seek interim stay on further proceedings.

2.

A) My friend’s wife stayed only for 45 days with him and they do not have any child,

B) U/S 125 CRPC maintenance case at Patna filed by her has been dismissed about a year ago

C) She is highly qualified working woman and she is also from an upper middle class family.

D) She has concealed many facts like her age and acute illness to my friend before marriage.

Is my friend’s wife eligible to get any alimony from her husband by the above facts?

Ans: As per the descriptions given by you, she is not entitled for alimony but on mercy grounds it may be allowed but as on today there is no case claiming alimony by the wife.

1. Wait for the charge sheet to be submitted and then file the quash petition.

2. He can refuse to pay her any amount towards maintenance based on the employment and salary income which has o be proved before court.

No it doesn't depend upon length of marriage. It depends upon both if working, the standard of living given to wife during marriage, husbands income and expenses etc

wife would get around 25 percent of husband net income after taxes as maintenance if she is not working 

alimony is lumpsum amount paid at time of divorce . It is at discretion of court depends upon your income , wife income standard of living etc 

See alimony depends on many factors such as income of both the parties, living standard,and also if she is qualified or not. If she has deserted the amount and alimony can be contested, if she is not earning and not able to maintain herself court may grant her maintenance of 20-25 percent of his salary or as decided by court.

Nops, just after marriage, wife is entitle to alimony. 25% of net salary

A wife is entitled to same living standard as maintained by the husband. The court decides maintenance of wife depending on financials of the husband. 

Dear Sir,

In the event of the wife not being able to sustain herself financially, or having no source of income for herself, she then is entitled to an allowance as maintenance. On the other hand, if she is earning sufficiently well for herself, she cannot claim any maintenance. Herein, an interesting question arises, ' whether a husband has any right to claim maintenance from his wife'. The answer is, surprisingly, in the positive. Under the Hindu Marriage Act, this provision has raised many an eyebrow. To put it simply, depending on the circumstances, a husband also has the right to ask for alimony.

The maintenance amount is calculated by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount.

If she is earning then she wont get much and it depends upon various factors.