Session judge who try criminal cases only has no jurisdiction to pass any order on maintenance. Against the order passed by Session court the appeal of revision vest with high court only. In your case it must be court of magistrate who might have passed order for maintenance. There are several ways to prove employment and service of wife so as to shatter or deny her claim for maintenance. Find out details of income and detail of earning of wife in order to corner her and to deny her maintenance. 

Once the Session court grant the monthly maintenance judgement that 99% won't be changed in District and Upper Courts.

According to your salary she should able to get 20% as maintenance, whether is working or not.

Still you can file appeal for to reduce maintenance amount as she is working women, but you need to prove evidence in the court.  

Kindly check from her salary  Provident Fund amount gets deducted or not. By asking normal information from any college employee or poem. And can get UAN number of her.

If you have not proved her employment and salary income  properly before the trial court then the appellate court may not consider your appeal in this regard.

Besides for a person having a take home salary of Rs. 70,000 the amount of 8000 granted as maintenance is very less, in fact she may approach court with an appeal towards enhancement of the award

You can obtain the evidence of her employment by filing a petition before the court seeking to direct her employer to produce the employment and salary details of her which will provide some relief to you to reduce the maintenance or even to dismiss her case.

These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem. They say marriages are made in heaven. But so is thunder and lightening. 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 a 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 by way of mutual consent divorce. There is a bitterness in your relationship now.

Grounds on NO maintenance to wife are:

• Wife living in Adultery
• Wife Living separately without sufficient cause.
• Professionally qualified wife-Capable of earning
• Separated by mutual consent
• Earning wife

The above are the major grounds of no maintenance to wife.

Some things which help you in reducing maintenance are

1. a) Her Educational Qualification
2. b) Her Lifestyle
3. c) Her Present or Prior working experience, if any
4. d) Her Bank Accounts and Saving details including her Form 26AS, ITR or CIBIL Scores.

Certain documents can be obtained through RTI but not all. Though possession of certain documents is illegal and could be construed as a crime, but these documents can be gotten from links/ detectives, if you got the documents through some sources don’t produce the same in court as it is. The production of these documents can be done in court through CrPC 91 application, witness summons or other means. Detailed discussion is required in such cases with complete facts and documents. 

You may contact my secretary to connect with me for clarification. 

Gopal Verma

Advocate on Record 

Supreme Court of India

You need to challenged the said order with appellate court for reduction of the same

Your wife must be filing income tax returns 

you can file RTI application with income tax department and obtain her income tax returns 

ask wife to produce her bank statements 

If you are unable to substantiate your statement that wife is working don’t file any appeal 

Dear Client,

If you cannot provide evidence to support the claim that your wife is filing income tax returns, refrain from filing any appeal. However, you have the option to file an RTI application with the income tax department to obtain her income tax returns, and kindly ask your wife to present her bank statements.

8000 Rs is very less amount. Don`t go in appeal. Very chances of increase in MC.

You should have filed application in court to call records from college to prove her income. 

- A well qualified wife, who is having the earning capability &capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further , 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.

- No Interim/Maintenance for Capable, Working Women , as per judgment passed by Madhya Pradesh High Court., 

- Wife is not entitled to get maintenance, if she lies ---- SUPREME COURT OF INDIA, Civil Appeal No. 5239 of 2002, Decided On: 03.12.2009. Appellants: Dalip Singh Vs. Respondent: State of U.P. and Ors. Hon’ble Judges: G.S. Singhvi and Asok Kumar Ganguly, JJ.

- Since, your salary is Rs. 70,000/- then 8000 maintenance order is not very much high ,and this cannot be reduced at any ground by the appellate court. 

- Hence, you should challenge the said order of maintenance on the ground of her education and job , instead of reduction of the maintenance amount.