Maintenance in 125

Rakesh Malik (Querist) 13 January 2014 This query is : Resolved
Please let me know what are the conditions for a wife to get maintenance from husband under 125. I have read somehwere that first condition under 125 is - for a wife to get maintenance under 125 is that she must be not be capable to survive herself. e.g how can a illiterate woman and a woman having masters degree can be treated equally.

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Devajyoti Barman (Expert) 14 January 2014
Just bear in mind that if she is unemployed then you have to pay her maintenance. All other factors like education is ignored by court.

Rajendra K Goyal (Expert) 14 January 2014
Court see merits for awarding maintenance and if she is not earning she is entitled.

V R SHROFF (Expert) 14 January 2014
COURT consider actual earning, nor probable or capable to...

T. Kalaiselvan, Advocate (Expert) 14 January 2014
I agree with the experts above.Also that it should be established that she has not abandoned her matrimonial home on her own for the reasons known to her.

Rakesh Malik (Querist) 15 January 2014
In the closure report(which i have got through RTI) of local police station it is stated that the girl(my wife) has left the matrimonial home on her own will and no body has thrown her out of matrimonial home. Actually my wife has alleged that we have thrown her out of matrimonail home in her complaint to police in local police station. I have read that if a girl leave the matrimonial home on her own will she is not entitled to maintenance. This is supreme court guideline. Can I use the closure report of local police to deny maintenance to my wife?