Is maintenance mandatory?
Rakesh Malik
(Querist) 11 September 2013
This query is : Resolved
I was married on 24 nov 2012 and my wife left my home on 27 dec. 2012. I have filed divorce case for null and void marriage as my wife and I have never made physical relation. Even my wife has given her written statement in local police station that we never had physical relation.
My wife is MBA in HR and she was earning 15k pm before marriage and my salary is 13k pm. My wife is now not working and she has made allegation that my family forced her to leave the job. She also wants divorce.
Sir my next date in court is on 18 Sep. Please let me know am I bound to pay monthly maintenance to my wife. I have no liability. My father is ret. govt. employee and wife mother is also working. I am only son and we have our own home.
My wife has filed complaint in local police station in which she said we kick her out but in investigation it was found that she left my home on her own will.I got this information through rti.
Devajyoti Barman
(Expert) 12 September 2013
If you could not prove her current employment, you will have to provide her maintenance.
Guest
(Expert) 12 September 2013
It depends, if she has no income or lesser income than you, irrespective of the fact whether her mother is earning or not. Her mother's income does not have any relation with your liability for your wife's maintenance.
Sankaranarayanan
(Expert) 12 September 2013
No more word need to advise you. Already fill the room by my learned friends
R.K Nanda
(Expert) 12 September 2013
agree with dhingra G.
Rajendra K Goyal
(Expert) 12 September 2013
Well advised by the experts, nothing more to add.
prabhakar singh
(Expert) 12 September 2013
She was employed and still employable so amount would be quite less,moreover when she has parted without any reasonable cause,you have good defence against quantum of maintenance.
Dr J C Vashista
(Expert) 12 September 2013
Have you attempted to bring her back to matrimonial home, estblishing your physical relations and failed due to her adamency? If yes, she can be denied maintenance.
Besides this when wife is competent to earn butt not earning, she can be denied maintenance, please contact local lawyer to contest maintenance petition.
V R SHROFF
(Expert) 12 September 2013
Your defence + Evidence will decide the matter, though you have facts in your fvr.
