If your wife has income of Rs 55k a month she would not be entitled to any maintenance
2) if wife has made false and defamatory statements against you file case of defamation against her under section 500 of IPC
Dear Advocate(s), My name is Alquaz Alam, I got married on 5/1/2020 and after 7 days i.e. 12/1/2020, my wife left me. After leaving she puts many false allegations on me which is ongoing in the court and many of them are already proved wrong. At the moment, 2 cases are ongoing that are 125 or 498 and 340. Now, my next hearing is on 22nd October where the arguments is going to start. Girl's father had transferred 2.5 lakhs to my account before marriage which I denied but still he wanted to give me to buy something for me as a gift. I have never demanded any money in writing or verbally. I'm ready to return that but girl is asking 8-10 lakhs for the settlement. At this moment, I am already marriaged 2nd time as per muslim law since my 1st wife didn't agree to stay with me after trying to convince her since long rather demanding much money initially due to my good financial background. It was a cheat marriage which was done for money. There are few queries from my side: 1) She is demanding litigation amount as 15k although she is getting stipend of amount 55-64k every month. I have a proof of her bank statement 2) I don't have any income, I just get 10k at the moment to manage my stuffs with the support of my family Do I still need to pay maintenance amount to her? 3) Is there anyways where I can put back any case on her so that she can agree to close the case sooner? I would like to know your advice on this case and how this case can be closed sooner.
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If your wife has income of Rs 55k a month she would not be entitled to any maintenance
2) if wife has made false and defamatory statements against you file case of defamation against her under section 500 of IPC
Sir plz shear me any judgement for litigation amount by Muslim low
Mr. Alam, these cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation.
Section 125 (4) of Code of Criminal Procedure states that no wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
Since she is getting stipend of amount 55-64k every month therefore she should not be entitled for maintenance. There are various cases in this regard which can relied on.
Husband can reduce maintenance of wife on various ways:
Grounds on no maintenance to wife are:
Please understand that the objective of granting interim / permanent maintenance is to ensure that the dependant spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance to be awarded.
The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the wife to penury. The sufficiency of the quantum has to be adjudged so that the wife is able to maintain herself with reasonable comfort.
Supreme Court in various cases has stated that for determining the quantum of maintenance payable to an applicant, the factors which would weigh with the Court inter alia are
The aforesaid factors are however not exhaustive, and the concerned Court may exercise its discretion to consider any other factor/s which may be necessary or of relevance in the facts and circumstances of a case. Detailed discussion is required in such cases.
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India
Maintenance depends upon your income ,wife income ,standard of living
court s generally award 25 per cent of net income as maintenance
in your case wife income is more than yours hence not entitled to any maintenance
1. You can refuse to pay her any amount and challenge her claim on the basis of the documentary evidences in your possession.
2. Since she is your legally wedded wife you are duty bound to pay her the maintenance amount, however you can express before the court about the actual income you derive and can get the quantum reduced.
3. No case can be filed against her, instead you challenge all her cases properly and get them dismissed.
The cases filed by her are not under the provisions of Muslim personal law.
All are pertaining to general laws only, hence you may have to challenge them based on the merits and documents supporting your case.
Dear Client,
First of all, the first wife’s consent is not a prerequisite for a man to take another wife.
Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, the wife has to be paid maintenance in the iddat period and mehr has to be returned.
Thank You.
1. As per law, even an earning wife can claim maintenance from her husband , if her income is not sufficient for her maintenance as per your standard of living.
2. You can mention your income before the court in your reply
3. If she has filed a wrong income affidavit before the court after mentioning that she having no income source then you can move an application before the same court under section 340 CrPc.
- As per Supreme Court , wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances,
- Further, No Interim/Maintenance for Capable, Working Women , as per judgment passed by Madhya Pradesh High Court .
- Further, as per Supreme Court , wife is not entitled to get maintenance, if she lies.
You can contact me in Delhi for getting more suggestion.