help_divorce (SC) 29 March 2011

Interim Maintenance

My estarnged wife has filed for divorce and refuses to return to the marital home inspite of several pleas and requests. I have filed for RCR. The lady is now demanding interim maintenance inspite of being employed. My argument is that she left the marital home over trivial issues and I had never intended or planned to divorce or throw her out of the marital home. She is employed as well and earning around 35-40k per month. We have a child and I am prepared to pay maintenance for him eventhough I will only get to meet him for few hours in a month.

Will the court force me to pay her interim maintenance simply beacuse I earn more than her?

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6 Replies

Avnish Kaur (Consultant) 29 March 2011

wats ur incum?do u have proofs of her incum?

both of u are supposed to maintain child.

Arup (UNEMPLOYED) 29 March 2011

Will the court force me to pay her interim maintenance simply beacuse I earn more than her? --- no, but submit her salary proof alongwith your petition against maintenance.

adv. rajeev ( rajoo ) (practicing advocate) 30 March 2011

Your wife has got income so she cannot claim maintenance from you. In respect of child you will have to pay the maintenance. You have to produce the doucments to prove that your wife has got independent income. Willful negligency of the husband is to be proved by the wife to claim the maintenance.

BHUWAN RAJ 09839268489 (lawyer) 01 April 2011

Best way to come out of this case is, if you are really interested in keeping back your wife, you should request for mediation ... and let her come in mediation, and if mediation fails bcoz of her unfair demands.. you will have a strong case....

galsober@yahoo.co.in (def) 03 April 2011

Originally posted by :bhuwan raj
"	Best way to come out of this case is, if you are really interested in keeping back your wife, you should request for mediation ... and let her come in mediation, and if mediation fails bcoz of her unfair demands.. you will have a strong case....	"