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 5 years ago in Family Law
Religion: Hindu