Selva Srini (Self) 23 July 2009

HMA 18 Maintenence

Hello Sir,

My wife filed for Maintenence under HMA 18

1.Alleged Rs20Lakhs given to me.
2.She was not allowed to work being a software engineer.
3.She was ill-treated by me
4.She is saying what ever is present in FIR
5.She is alleging I am getting more than 15Lakhs in hand.
6.RCR which I filed they mentioned it as ill-intention I filed.
7.Later her parents tried to mediate the same through the relatives and friends, but the I was adamant in
demanding a huge sum and did not consented to reframe from his ill motives.
8.My wife demanded maintenance from me at many times, but I did not adhere to her request and postponed
the same on one pretext to the other, Hence my wife has no other alternative except approaching this honorable
court seeking for maintenance.

My wife was working when she filed FIR and she had resigned from the job after
one month for the purpose of maintenence and applied for maintenence after 2 months

What stand I should take in this case?Please help me

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2 Replies

Dharmesh Manjeshwar (Advocate/Lawyer) 23 July 2009

Mr. Srinivasa, you just cannot escape from the liability of providing maintenance to ur wife .... it's only exceptional cases where the wife refuses to co-habit with husband without valid reasons and in cases where wife has substantial income to maintain herself that maintenance is denied to the wife .... in ur case u also mention an FIR lodged against u by ur wife .... As far as all her allegations are concerned ..... she will have to prove everything and just alleging will not help her ... maintenance will be decided as per the earnings, status, etc ...

SURENKUMAR B SHETTY (Advocate) 23 July 2009

In case if you want to come out of the maintenance issue then you will have to prove that she is earning substantily to maintain herself, being a software engineer, and further if you prove that she has no right to leave seperately from you then you will not be entitled to pay maintance, cause maintenace is not a absolute right but is subject to conditions enumarated in the relevant Act ie. Domestic Violence Act, 125 Cr.cp, & Hindu Maintenance & Adoption Act.