Divya (nil) 23 December 2009

Maintenance to wife under what conditions

Under what conditions can maintenance be granted to wife..

My bhabhi is claiming maintenance from us for Rs 50,000 /- . My brother has had very little contribution in the family business & also since the time of my brother's marriage, the family business stopped completely.

My brother is in 2 minds for divorce. He is putting entire burden on family for giving maintenance to his wife & that too he wants to give her amount what she is asking of 50,000.

What recourse can we take in this regard.

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3 Replies

Palak Lotiya (Legal Content Writer/ Editor Resource Person) 23 December 2009

Hi,

you may visit this link -

https://www.paycheck.in/main/working-women-are-equally-entitled-to-claim-maintenance

Daksh (Student) 07 January 2010

Dear Divvya,

The provisions governing the issue of maintenance are Section 125 Cr PC, Section 24 Hindu Marriage Act and DV Act.

The gist of all amalgamated is that the court considers the requirements being food, lodging and basic amenities and the surroundings or environment in which the aggrieved spouse was in. The other possibilities could be medical expenses, travelling expenses, litigation expenses etc.

Thanks and best regards

Daksh

B.N.Rajamohamed (advocate / commissioner of oaths) 10 January 2010

Sir,

Let your brother prove in the trial court that he has insufficient or no means to abide by the order of the court which sum is enormous for his capacity. If the court orders in favour of your bhabhi then you appeal before the high court either to set aside the order of the trial court or to reduce the amount .