My wife filed maintenance pettion in December 2024 for calming 50,000 in that 35,000 for wife and 15,000 for minor. Now, 20 days back interim maintenance of 25,000 for her and 15,000 for minor child having 30 months. I'm a software engineer getting net salary 1,37,000. Before marriage I taken home loan and paying emi 58,000. For marragie expenses taken personal loan and paying emi 24, 000. After marriage to purchase site on my wife's name taken personal loan of and paying EMI of 5,000. I m living in hyderabad in my own flat with my dependent mother. For monthly expenses for me and my mother nearly 22 000. This my financial situation. After all this, I have money only 28,000.
Further, wife stayed in my house only for 3 months. After conceived she went to parents house and staying for past 3 years. My daughter is having 2 and half years. I have proofs bank transaction to show I supported my wife financially, delivery expenses bored by me, I have alredy taken health insurance policies for my child and wife. Me and my wife happily participated in family events house warming ceremony, birthdays, baby shower function, barasala function etc.. I have photos to show. I transferred money total 4 laks from my account to my wife account and given 10 lakh in cash to purchase site on her name. I have proof for it. In August 2024, I filed RCR petition pending before court, she not attended mediation proceddings before court. In elders, she is demanding 1.5 crore rupees as alimony.
My intention is show that wife left without sufficient reason. She not entitied to get maintenance. I'm willing to pay maintenance to my minor child upto 5000 based on her age 30 months. If minor is hospitalised I will pay money directly to hospital. If mionr joined school next year, I will pay school fees directly to school mangament. So at the time of calculation of monthly maintenance to minor these expenses are excluded.
This is an interim maintenance. Less chance of full trail. At this point I would like to use "Himanshu Chordia v. State of Rajasthan (2026 INSC 778) judgment". In this interim maintenance denied for wife adultery under section 125 (4)of crpc . Now, I would like to use this same judgment for wife left without sufficient reason because section 125 (4)of crpc also cover this.
1.What is your advise on this judgment? Can you use this for wife left without sufficient reason in interim maintenance petition and to dismiss her claim for maintaince?
2. What is your advise on I request court to hospital and education expenses for minor child excluded from monthly interim maintenance because I will pay separately?
