• How much interim maintenance my wife can get in CRPC 125 case, provided I am currently jobless?

Got married (through online portal) - March 2019, Wife left/deserted me - August 2019.
Duration we lived together at my parents home - 6 months.
Wife filed false 498a in Oct 2019. Before that I already filed Section-10 (in Sept 2019) to tell court about wife's (and her family's) rude behavior(s) quoting various instances, and the fact that she had deserted me on so and so date in August 2019.

Recently, due to health reasons, I had to quit my job to get medically operated and I have all the medical documents (MRI, prescriptions, consultations, bills, etc).
My last salary drawn before I quit my job - Sept 2020, Rs. 80,000/- approx.
Current status - My health has recovered. But I have not got any job, and hence no income since last 4-5 months. Basically managing through my own savings and my elder brother's support. Now it is Feb 2021.

I got to know in a court date, that my wife is about to file maintenance case.
Note: I have no idea whether she is currently working or not, and I have no means to find out. But she is MCA. She used to work on 25k salary. when we were married and together.

My questions are:
1) If my wife files the maintenance case (125 crpc) then is she eligible for "interim" maintenance? Because she left by her own will and I did not forced her out of my home.
2) What evidence can I show to convince the court (125 crpc) that she left home and that I had not forced her out? Will the Section-10 petition I filed, count as a supporting document? Can this be used at the time of "interim" maintenance grant?
3) How much interim maintenance can she get, assuming if I fail to prove things in the court and also assuming that I might have no job at the time of interim maintenance order?

My residence (basically my father's property) is in Indirapuram, near Delhi.
I have one asset in my name - Maruti Suzuki Swift - 3 years old.
Asked 11 days ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

1. Yes, she can claim interim maintenance from you , if she not having sufficient income for her maintenance , even living separately without your consent. 

2. Yes, you should file a suit for restitution of conjugal marriage , and if you got decree in your support , then she is not entitled to get maintenance. 

3. One fourth of your income 

- She cannot claim any share in your or your fathers property during your life time. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
6333 Answers
65 Consultations

5.0 on 5.0

If you are unemployed and wife is working she would not get any maintenance 

 

2) if wife is not working she would be awarded maintenance 

 

3) court can award her Rs 10000 a month or so as maintenance 

Ajay Sethi
Advocate, Mumbai
81189 Answers
5023 Consultations

5.0 on 5.0

  1. Even if she left you she is entitled for maintenance.
  2. Even it is proved that she left court will grant maintenance.
  3. In all circumstances, you are working or not, earning or not. she will get maintenance, maintenance will be as per her standard of living which will not be less than 20K pm.

Ravi Shinde
Advocate, Hyderabad
323 Answers
2 Consultations

5.0 on 5.0

1. Whether your wife would be eligible for maintenance or not will depend on how strongly you object nto her claim and defend your interest.

You have to wait for her to produce documentary evidences to prove your salary income. 

2. The copy of the petition filed under section 10 HMA would provide evidence to prove that she left the matrimonial home on her own without any valid reasons. 

3. She has to produce documentary evidences about your salary and other income before court in her claim for maintenance.

You can mention that you are not employed and do not have any income 

The quantum of maintenance depends on how strongly both the sides argue their cases. 

T Kalaiselvan
Advocate, Vellore
71247 Answers
1021 Consultations

5.0 on 5.0

She has to lie in order to get maintenance as you are currently unemployed. If she is employed you may as well file a maintenance case against her.

She will not get amy maintenance and tye court cannot grant her maintenance if you have no earnings.

She is currently employed and hence no maintenance can be claimed by her.

If she files a maintenance application then file an application for perjury against her for lying on oath.

Rahul Mishra
Advocate, Lucknow
11925 Answers
28 Consultations

5.0 on 5.0

Dear Sir,

Interim Maintenance can be claimed by her during the continuation of proceedings of the divorce. But if you prove in the court that you are currently unemployed by showing the account details and the other evidence, the court might consider the point which will help to minimize the amount paid to her. 

If you have the proof or the evidence for showing that your wife is employed and earns by herself, you wouldn't be entitled for paying any maintenance to her. 

It is advisable to file a suit on the grounds of restitution of conjugal rights against her and if you succeed to prove the same in the court, she wouldn't be entitled to any maintenance. While considering the amount of maintenance, the husband is entitled to pay 1/4 th of the salary/income to his wife. Thank You

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review.

Anik Miu
Advocate, Bangalore
583 Answers
3 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer