• Wife wants maintenance

We got married in the 2000 and had a son and daughter. In the year 2007 we had a dispute on a very silly issue and we have been separated since then. My wife says that she is not interested to stay with me anymore and wants monthly income of Rs 10000 as maintenance and wants a lumpsum of Rs 10,00000 as settlement money for Divorce. I am a Christian pastor and my income is not that high, though i stay in my own house with my parents... well I have no intention of Divorce and wants to have my children and wife. Please suggest.
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Hi,
 Let her file for maintenance and you should defend it proving your financial ability. Usually court orders, 1/3 of your income, and whatever the condition it is by law that husband has to maintain wife as per his standards, if she is not earning.
If you do not wish for divorce, file an RCR asking the court to give an order to reinstate your marriage and conjugal rights.. This will also help you to defend the maintenance and her divorce demand. In case after RCR order she refuse to join you after an year you can file for divorce legally.
 Regarding your financial and social status there is a difference as you are a pastor, your wife was well aware before the marriage that she would have to make some adjustments and sacrifice as your religious life restricts you to earn money other than your pastorship . so this can be a good defense in the court.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Without order of court she cannot claim any maintenance amount from you. Alimony amount also would be decided by the court, so don't compromise if you are not satisfied with her offer.
Sunil Kumar Singh
Advocate, Kanpur
15 Answers
6 Consultations
4.0 on 5.0
you have not mentioned whether your wife is working or not . what are your wife qualifications ? A working wife  would not ordinarily be entitled to maintenance . however you are liable to maintain your children . generally courts pass orders of maintenance after considering your income , life style etc 

if your wife wants divorce let her file for divorce . you can contest the divorce petition . contested divorce petition takes years to be disposed of . 
you can file for restiution of conjugal rights . however RCR can be double edged sword . even if you get court orders you cant force your wife to stay with you . in case your wife refuses to stay with you even after court orders you can file for divorce . 

as far as her claim of Rs 10 lakhs is concerned your wife can make any claims but it is for  the  court to pass   orders of alimony .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Mr. Sethi is rightly advised
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
maintenance is to be decided by keeping all things in consideration. here it is also important to mention why she does not want to stay with you. if there is illegal reason  you may defend all her cases on this grounds. plz discuss in detail.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Above are legal advises and applicable also,but you are not willing for divorce and she has never said specifically for divorce.You can make effort by persuasion and make adjustment and you will not fail.Legal remedies will certainly ruin life of you four persons.Consider this also.

Anil Gupta,
Delhi
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
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In this situation the best option for you is to go for Restitution of Conjugal Rights.
Prithwish Ganguli
Advocate, Kolkata
21 Answers
12 Consultations
4.6 on 5.0

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