Court or caw ?

In the case of Mahendra Kumar vs. Poonam Kumar, Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance. Also, as per the ruling of Supreme Court, the court has to take into account the wife's status and lifestyle while fixing alimony to ensure that she lives in reasonable comfort but should not grant an amount that would be repressive for the husband. Apart from that if the wife is earning well then in that case she is not entitled to maintenance from her husband.

Also, it must be noted that in case of marriage under Hindu Marriage Act, both husband and wife can claim maintenance but a marriage under the Special Marriage Act, 1954 only entitles a wife to claim maintenance. They are few more factors which can determinative in determining the amount of maintenance like, if the wife converts into a different religion or if the wife gets remarried. Apart from this even the joblessness of the husband can be a determinative factor in reducing the amount of maintenance or completely ruling out the question of maintenance.

Also, like you said she has no evidence against you and you have sufficient evidence of her bad character, it seems reasonable to negotiate the terms of the separation rather than going to a court which have frequently been sympathetic to the women. But, this will again be guided by the gravity of the bad character evidence against your wife that you are have in your possession.

Regards,
Adv. Rajiv Malhotra
www.lawkonect.com