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Anir (Supervisor)     24 June 2012

Is maintenance allowed if wife is well educated


My wife has filed 125c and asking 20,000 per month. She is post graduate and doctrate degree holder and before marriage she was working as leacturer in PG College on adhoc basis for I have he Bio-data and CV given to me at the time of marriage. I have other evidences as well. Currently she is not working intensly to claim maintenence. Can she claim maintenence whe she is capable? If yes then why and approximately how much? Deducting my genuine libilities ( like my normal living cost, parents medical expenses, rent etc)  I am having around 4,000 per month saving from my salary

Please advice me.


 6 Replies

dr.pawan rajyan (member and secretory)     25 June 2012

collect evidence which shows that your wife had worked previously along with her qualification records.there are judgements where maintainance is denied to such wives.

Anjuru Chandra Sekhar (Advocate )     25 June 2012

It depends on the discretion of judge/court how much to grant.  There is no prescribed formula in arriving at maintenance.  Taking various factors like your income and property (may be even your genuine needs and liabilities towards parents), and her income and property the court arrives at the maitenance amount. 


If you have not asked your wife to do a job during conjugal life, then you may not have any right to claim that she is capable of doing the job, because she is eligible to lead the life as she led in her matrimonial home.

Santosh Kumar (Advocate)     25 June 2012

Yes she can claim maintenance from you. but it is discretion of Hon'ble court and depend on ur financial status


The maintenance case award based on the present status of women, but not previous according to thestatus.

Thout your liability to maintain your parents and other, Wife maintenance prevail over them. Maintenence amount not depends on the saving but over the gross salary at the discritionary power of the presiding officer.

Big Iron (Officer)     25 June 2012


My suggestion to you is, read previous posts in this forum and other sites.

Do you know, how does a case of 125 proceed?

Do you know, first court will decide interim maintenance?

In my case of DV, Hon'ble MM granted 3K as interim to my wife, even though I'd given the statement that I am earning 60K+.

Ye baat chauthi hai ki sessions court ne matter remand back kar diya hai ;)

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