Ramesh 20 October 2017

maintenance u/s24HM

divorce case filed in lower court in feb.2017.wife filed maintenance case and demanding 50k p.m.and 40k pm.as litigation charge.she is earning around 17k pm.I earn around 75k pm
.what are my chances.will honourable judge award her maintenance.we are living separately for 3 yrs. we have no child. thanks.

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8 Replies

manoj 20 October 2017

when your wife is earning, maintenance case will be dismissed. If you are able to prove that your wife is earning around 17k. There are number of supreme court judgments rejecting the wife maintenance when she is earning.

manoj

advocate

8686159292

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Nitish Banka (lawyer) 20 October 2017

Earning wife is not entitled for maintainence

https://lexspeak.in/2014/04/some-important-judgement-on-maintenance-us-125-crpc/

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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 20 October 2017

Sir,

Though she is earning, the court can still grant her maintenace to the amout of Rs15,000/- monthly I beleive.

But to save yourself you can prove that she don't deserve maintenance according to the law in which she had claimed maintenance. Like if she is claiming maintenance under DV (prove no DV has been caused) ..

Warm Regards
Kapil Chandna Advocate

9899011450,9911218741

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2017

as per section 24 of Hindu marriage act only a spouse who is unable to maintain herself or himself will be entitle to get maintenance otherwise not.
as she is earning, hence she will not be entitle to get maintenance from you.

but based on the equal status, court may grant her maintenance

feel free to call

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Ramesh 27 October 2017

Thanks everyone for your suggestions.In her maintenance petition wife told she has no source of income but I came to know that she is working in a technology company and earning about 18k pm.Ihave sufficient evidence to prove it.My question is should I give this evidence while filling my objection or should i wait for court ruling in maintenance case. can I file prejury case against wife.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 October 2017

File with your objection and also file the perjury complaint against her before the court.

manoj 27 October 2017

you have to defend in maintenance case with the proofs.

manoj

advocate

8686159292

Adv Radhika Mehta (Advocate) 27 October 2017

You can definately rely upon the documents obtained by you or produce it at the time of arguments. Yes, you can file a perjury case against your wife for making false statements on oath.