Raja (Software Engineer) 20 July 2012

Interrim maintenance

My wife filed an Interim peition for maintenance while the divorce case is pending and said she does not have enough money to conduct the case. She is working and earning more salary than me. I have documentation proof for that. We both live and work in USA. She lied to the court saying that she is earning less salary than me and also I desserted the family and I did not pat any money towards family expenses. I actually paid rent and utility expenses for last 15 months(about 16 lakhs) and I stopped it for last 3 months. Still I am paying for the family's medical insurance and medical bills(about 22,000 rupees). Do I still need to pay maintenance even though My wife is working and earning more salary than me?

Please let me know.

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 20 July 2012

File the evidence in the court and prove that your wife is working and is earning more than you. You won't have to pay any maintainance to her.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 July 2012

To entitle her to maintenance your wife would need to prove :-

1) Her inability to maintain herself; after the first stands satisfied

2) Neglect on your part to her needs;

Both seem to be absent she is not at all unable to fend for herself, and secondly there has been no neglect you are still bearing their fundamental medical needs.

Considering the pro-woman stance of the system sometimes - cases are not rare where many a strong cases of maintenance have also been decided in favour of women - due to systemtic bias - make sure your legal representation is strong :)

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Raja (Software Engineer) 21 July 2012

Thanks.

If the family court dismisses the interim petition, can she appeal in High court and then in Supreme court, while doing so can she get a stay order on divorce case in the family court? She intentionally filed this petition to drag the case

Please let me know.

stanley (Freedom) 23 July 2012

You would have to exhibit the documentry proofs in court . If she is earning more than you she want be getting any maintanence . Yes she can appeal to high court and supreme court for maintanence but it would be the same story of getting rejected .