1.No. He can give notice online for pending maintenance dues if it’s not stayed

2. If you prove she can earn then it will be reduced to a great extent 

1) if there is no stay order passed you have to comply with maintenance order 

2) you have not been able to prove  that wife is working hence court passed orders for maintenance 

3) you will have to pay at least 50 per cent of arrears 

You have not mentioned what is your net income after taxes 

court generally awards 25 per cent of income after taxes 

seek phone consultation with any lawyer on this website 

judgments depends upon facts of each case 

1. Her lawyer can send notice for arrears, but without stay, execution can proceed. Apply for interim stay urgently in appeal/High Court.
2. Courts hold that a qualified wife who resigns to claim maintenance is not entitled. (Mamta Jaiswal v. Rajesh Jaiswal, 2000; Neeta Rakesh Jain v. Rakesh Jain, 2010).
3. Since marriage was short (15 days) and no children, amount can be reduced if you prove she is earning or deliberately unemployed.
4. High Court usually asks for 25–50% deposit of arrears while admitting appeal.
5. Collect evidence from her college—salary registers, IT returns, PF/ESI—to show she is working.

Next Step: File for stay immediately and press for reduction citing above judgments.

1. The advocate has issued a legal notice on the instructions of his client, moreover it is based on the court order hence there's no infirmity in it.

2. You can plead that in your grounds of appeal.

3. It depends on how you present your case in appeal.

4. The high court may impose condition, you may have to pay accordingly.

You said you have already cited many judgments, you can use them in your appeal.

This legal advice is being rendered pursuant to your query in relation to the maintenance case filed against you in the year 2015, wherein a judgment has been passed in 2024 directing you to pay maintenance of ₹8,000 per month. You have further informed that the respondent (your wife) has completed her M.Tech and was previously employed as an Assistant Professor, but later resigned from service in 2017, allegedly to claim maintenance. You have also stated that she continues to work at a private college and is being paid salary in cash to avoid disclosure, though you do not have documentary proof at present.

You have preferred an appeal before the District Court seeking reduction of the awarded maintenance, while the opposite party has filed a petition for enhancement. The matter is presently pending before the same District Court, and meanwhile, the respondent’s counsel has issued a notice threatening imprisonment for non-payment of dues. Based on the facts and applicable law, our legal opinion is as follows:

The issuance of a notice by an advocate threatening imprisonment while the matter is sub judice in the District Court is not appropriate. When an appeal along with stay application is pending, coercive steps for recovery ordinarily should not be initiated until the matter is disposed of or a stay is rejected. You may file an application before the same appellate court, bringing the notice to the court’s attention and seeking interim protection against any coercive steps.

Maintenance under Section 125 CrPC is intended only for wives who are unable to maintain themselves. Courts have repeatedly held that a qualified and capable woman, especially one possessing a professional or postgraduate degree, cannot intentionally remain idle or resign from her employment to claim maintenance. Some judgments in this regard include:

1. Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100 – The Court held that a well-qualified wife capable of earning should not be permitted to sit idle and claim maintenance from her husband.

2. Smt. Manish Jain v. Akash Jain, (2017) 15 SCC 801 – The Supreme Court observed that maintenance cannot be awarded to a spouse who voluntarily remains unemployed despite being educated and capable of earning.

3. Sanjay Bhardwaj & Ors. v. State & Anr., 2010 SCC OnLine Del 2746 – The Delhi High Court held that maintenance should not be granted to a wife who is well-qualified and capable of earning her livelihood.

However, courts also consider factors such as current employment status, earning potential, and standard of living. If no clear evidence of present employment is produced, the court may still grant maintenance, though at a reduced rate. You may consider collecting circumstantial evidence such as:

• Statements from colleagues or students confirming her current employment.

• Photographs or social media profiles indicating her teaching activity.

• Any digital or documentary proof showing her attendance or participation in college events.

Since you have no children and the period of cohabitation was very short (around 15 days), the maintenance amount of ₹8,000 per month appears on the higher side. In appeal, you may strongly press for reduction citing her educational qualifications, voluntary unemployment, and very short matrimonial life. Courts often consider these factors to reduce maintenance substantially, even up to 50% or more, depending on financial status and earning capacity of both parties.

Regarding the question of payment during pendency of appeal or before approaching the High Court, generally, courts require some reasonable deposit as a condition to hear the appeal. The amount is not fixed but usually ranges from 25% to 50% of the arrears, depending upon facts and the discretion of the court. It is advisable to seek a stay on the execution of maintenance order while undertaking to pay a reasonable interim amount.

To prove her concealment and misrepresentation, you may file an application under Section 91 CrPC or move for summoning of salary records, attendance registers, and bank statements of the college where she is alleged to be working. If the college refuses, the court can issue summons or direction for production of records. This can help establish that she is employed and deliberately concealing income.

You should maintain consistency in your pleadings and evidence, and approach the appellate court with clean hands, showing bona fides by partial compliance or deposit of some amount, while challenging the inflated maintenance claim.

In summary, you are advised to:

1. Press for early disposal of your stay application in appeal.

2. Bring the advocate’s notice to the attention of the appellate court and seek protection from coercive action.

3. Collect and file evidence of her present employment.

4. Rely on the above-cited judgments and legal principles to argue that she is not entitled to maintenance being qualified and voluntarily unemployed.

5. If necessary, approach the High Court only after exhausting remedies before the District Court and after partial deposit as per court direction.

This opinion is based on the facts provided and the settled position of law as of date. You may act accordingly in consultation with your counsel on record. Should you require further clarification, detailed consultation, or assistance in drafting and filing, you may contact us for a personal consultation or case review.

1. If you are not paying the maintenance amount as order by the Court , then she can file an execution petition in the same court for the recovery of the said amount 

- However, the notice sent by the advocate without court direction is not valid. 

2. You can challenge the said judgement of the district Court before the High Court 

- As per law, 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. 

3. Not fixed and it is generally 1/4 of the income of husband

4. You can pay any amount to her for approaching the High Court. 

1. An execution petition is filed by her in Sessions Court for enforcing payment of maintenance amount and Advocate has issued is notice seeking payment. There is nothing illegal about it.
2. How the Court ordered maintenance can only be ascertained by going through judgment. There are judgments declaring that any wife capable of earing is not entitled to maintenance but it differs from case to case.
3. 8k is quit reasonable and on the lower side. If she filed for enhancement, she may get the  maintenance  
4. You need to deposit 50 percent of aggregate maintenance.

Yes, an advocate may issue a demand notice, but only the court can order execution like imprisonment, so you must urgently press for stay in the district court; regarding maintenance, the Supreme Court (Rajnesh v. Neha, 2020) has clarified that even a qualified wife can claim support if not earning or concealing income, and since you could not prove her salary, the court granted maintenance; in appeal, if you establish that she resigned deliberately or is secretly being paid, the amount can be reduced (often by 25-50%), though not cancelled outright; while approaching the High Court, you may be directed to deposit 30-50% arrears; since you have no children and very short cohabitation, this also weighs in your favour; therefore, your priority is to seek immediate stay of execution, collect evidence of her concealed income through RTI, PF/ESI, tax or employment records, and move High Court if delay persists in district court.

Dear Client,

1. An advocate can issue a notice for payment or legal action (such as imprisonment for maintenance arrears) even if an appeal or stay application is pending, unless a specific stay order has been granted by the court; if no stay is granted, the original maintenance order remains enforceable.

2. Courts consider earning capacity, qualifications, and employment status, but voluntary resignation to claim maintenance may reduce the credibility of such claims; however, unless proven with documentary evidence (salary slips, employment certificate) that the wife is employed or capable of earning, maintenance may still be granted.

3. The amount of maintenance can be reduced based on the wife's qualifications and earning potential, short duration of cohabitation (fifteen days), and no children, but the final quantum depends on the husband's proven income, local standards, and factual evidence submitted; courts may reduce but not always deny maintenance solely based on educational qualification.

4. When appealing to the High Court, there is generally no fixed percentage of amount that must be deposited upfront, but courts may require deposit of awarded amount or a portion as security before granting a stay; the percentage is determined case-by-case and may range from 25% to 50%, or as per the order of the appellate court.

I hope this answer helps. For any more queries, do not hesitate to contact us.