My wife filed case for maintenance without giving divorce
sugumaranm
(Querist) 03 July 2015
This query is : Resolved
I am married on 03/03/2014. my wife got separated from me on 11/09/2014 and saying that she doesn't want to live with me and the same statement she has given to Women't police station in written and left me and from the matrimonial home and she is not willing to give consent divorce and we don't have child.
I am waiting to file a divorce case under sec 13(1)(ia) for against cruelty (seperated being one year) in district court.
suddenly my wife file a case for asking maintenance from me in HIGH court saying that she doesn't have any means to survive in life, but she is working in private company.
pls suggest me that wheather she is eligible for maintenance even before getting divorce
if yes, how much i need to pay her . I am working in a private limited company and my net pay is Rs 21000/-
please help me.....
Anand Bali Adv.
(Expert) 17 July 2015
Dear friend, There are some missing links in your case as she can not go directly in High Court for a demand of maintenance ????
The fact that in case she is earning herself well to sustain herself she can not claim ny maintenance from her husband there are many citations in your support in this regard.
Secondly in case she only has left you by her own will and wish as you have mentioned in your statement above, she is not at all entitled for any maintenance if it is proved in the court.
Yes she is eligible for getting maintenance from the movement she is thrown out of her matrimonial house, or as the case may be but not when it is proved that she was living in adultery or has left the husband of her own without any pursuance of her husband.
There is no set formula to calculate the maintenance, it all depend on the standard of living which she was enjoying after her marriage with you. Usually it is up to the 30 % of the earnings of the husband, butis not a strict standard, pl note.
sugumaranm
(Querist) 20 July 2015
Dear SIR,
Thank u for your valuable Information. In my case, My wife has give a written statement in the Women's police station stating that she is not willing to live with me and went with her mother to her birth home.
I filed a application with the SP o police and got the written statement given by her in the police station under RTI ACT 2005.
pls tell me wheather this will help to prove my innocence and break her maintenance case against me.....
Anand Bali Adv.
(Expert) 23 July 2015
Dear Mr Sugumaranm,
Still you have not cleared the points of going to High Court ???
However, in case you wife has left you with her own will and if not because of any pressure or abatement from your side, you can go ahead with your plea of desertion by your wife as per her exclusive and free will.
You are requested to please narrate the whole case and only then seek an advise as situations differ from case to case. Any statement made in front of Police is not an admitted statement please note.
If she is not willing to stay with you because of your acts of cruelty to her or she has made this statement under any undue influence it is not admissible however it can help you in her cross examination which I can tell you how? if you send me the whole case file along with the my consultation charges for that.
