Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kundan Lal (software engg)     19 July 2017

125 maintenance

Dear all, Final hearing for maintenance case is due next week. Interim maintenance was denied to wife as husband was able to proof that wife is working with a salary of 4.2 per annum. Now during cross wife claims to have lost earlier job and being jobless for past 5 months. Husband was working in US three years ago with salary of 45000 USD annually. Husband is unemployed for past three years. From marriage there is a kid currently 5 years old. I am looking for your expertise to understand how much approx maintenance will be awarded in this case for wife and child. Thank you everyone for guiding me with this issue.


 3 Replies

Siddharth Srivastava (Advocate)     19 July 2017

Court while awarding maintenance consider each aspect of the case. Bring the fact of unemployment and the financial status of husband in the notice of court. 

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Adv Radhika Mehta (Advocate)     20 July 2017

The amount of maintenance awarded depends on several factors like the incomes, the status of both the parties etc.  Even if the husband is unemployed, i doubt the Court would take a very generous view of his situation because as an able bodied person he is expected to work and support his family.  Even if he can avoid the maintenance of the wife by saying that she is working, he cannot shirk his responsibility towards the minor son. 

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Rishi kumar   20 July 2017

The court generally doesn't accept if an educated person like you say that you are unemployed. We should assume that the magistrate can see through the trick much better than we do because he sees several cases each day. Find out an employment , perhaps less paying, and give details of payments to the court when filing objection itself. Then court will grant maintenance based on your present salary. Show your expenses and liabilities, the court is sure to consider. If we  are arguing wife is capable of earning or earning, then you should also be doing that. Try to work out things in a practical way.  You will get justice, at least a bit of it otherwise court will calculate maintenance taking into account your old income.

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