Jai sai baba (No mercy for B) 13 September 2014

Maintainance to wife earning 50k, possible ?

Gents,

How strong is the ground for a wife, who is earning 50k herself and asking for almost 70k from her husband (NRI) , on the grounds (CrpC 125).

1. allegedly not maintaining his wife.

2. she want to enjoy the same status as husband.

She did not write any thing like she is not able to maintain herself.

How to handle/tackle the status issues? how to defend?

please suggest

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3 Replies

Laxmi Kant Joshi (Advocate ) 13 September 2014

Contest the case with proper evidence and prove her income in the court, court may be not pass any maintenance for her.

(Guest)

1. She wont get maintenance if you prove her income and salary of 55k.

2. Status reflects when both couple live in the same society. You living at abroad and following the society and culture of abroad, she living at india following the life and status according to indias society. How could both corelate is my view on her status plead. Provided that she could easily maintain her status with that 55k in india which she is getting.

3. Maintenance is made for fulfilling basic needs and not made for luxury.

4.Hence , your lawyers arguement should be pin point reflecting all her hidden financial sources, capability to earn more with progress in her career, current salary enough to maintain one stomach and one life in such existing money in hand.

EVERY SUFFERER IS A SAVIOUR (ESIS)

Jai sai baba (No mercy for B) 13 September 2014

THanks guys.

n thanks sufferer fot he 2nd point that i did not think about.

And she has written inn her own petition that she is earning 50k..so i dont need to prove but she asked only about status ..and she want to enjoy on my money ..!! and 2nd point of neglecting