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VictimOfBiasLaw (Professional)     13 December 2010

Maintainence Amount

My wife has filed Domestic Violence case under sec 18,19,20,22.

Now i have to pay her maintainence to my wife since from last one year we are staying seperate.
Can you please tell me How much i have to pay to my wife as maintainence ?


1. we stayed togather for 10 months after marriage. (not with my parents as i was working in diff. state/city)
2. after 10 months i have to go to abroad. my wife was with my parents for 3 moths
3. after 3 months (13 months after my marriage) she filed DV case under sec-18,19,20,22. against me and my parents ( parents age is 70 plus )
4. she mentioned in case that my parents slaped her , ask for money and i also slapped her and harrase her ,thats all.
5. Now she is asking for 1/3 of my income , i don't want to keep this relation and want divorce.
6. i have no child
7. i don't have any property on my name , only source of income is my salary
8. She is Bcom + LLB and Postgraduate course in finance but she is not working.
9. I am from middle class family. and have unmarried sister.

My Q are :
-> i am getting per month 13,000 INR per month and $4000 abroad.
-> but cost of living at abroad is high , out of $4000 i can save $2000 , if stay on shared accomodation.
-> Court will multiply my dollar income by INR exchange rate and consider my income ( in this case it is INR 1 lakh )
-> How much i have to pay to my wife as maintainence ?




 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 December 2010

As per the court order you have to pay the maintenance. You can show your expenses and how much your are getting i.e., net salary after your deductions etc., to minimise the maintenance

Uma parameswaran (lawyer)     13 December 2010

If you are feeling the amount is high , then go for appeal.

Avnish Kaur (Consultant)     13 December 2010

change to a single accomodation and get proof of ur expenses. do u get $4000 as allowance? then only 13000 is ur salary. also get name of ur mother removed if possible. if possible stay away from india and hell with court summons.

Saurabh..V (Law Consultant)     13 December 2010

Your case is little confusing though frustating that a wife who lived with you for 10 months and only 13 months with your parents is seeking maintenance.


I feel yours is a fit case where the plea that the wife has exaggerated her complaint could be entertained. If you slapped her then why she kept mum for 3months? If your parents were harrassing her then did she complained about this to her parents or anyone? If not then certainly its a concocted complaint.


Secondly, if the court decides on certain aspects the maintenance order shall not be made on D.V. Act but under 125Crpc so as to make sure you do not play quick witted tricks by twisting the law. However, certainly as my learned seniors have suggested you should get your mother's name removed from the list.





VictimOfBiasLaw (Professional)     13 December 2010

@ Saurabh ji,

She has filed CRPC-125 for maintainence.

Sir , this is even more frustrating for me, i just started to earn good salary after 10-12 years of hard work ,

actually my wife and her parents interested in my money and they(including her parent) have planned to get my parents property and black-mail me to get more money from me through this DV act.. They litterly doing gundagiri for money  and , open threat  to jail me and my parents if i don't satisfy her demand.

@ Avnishji , Yes my lawyer stay me away to appear in court.

My lawyer tell in court to proceeds in my absence (one side , i don't what does it mean) , i will not appear before court.

BUT  as my lawyer said i have to give maintence in any circumstences , this is law and not even jude can do anything.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 December 2010

There should be equilibrium in law and justice and its should not be gender biased. Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES. It is a jungle raj and way to become rich on others money. If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON. Certain suggestions to preserve families and to save them: • No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him. • No maintenance and alimony in the 2nd marriage if she has got it in the first divorce. • No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back. • Compulsory mediation for avoiding long legal battle. • Law should be such that both husband and wife try to reconcile . • Law should not be favoring anyone to ensure that marriages are saved. Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years. DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice. Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation. The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months. For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case. Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any). Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

Renuka Gupta ( Gender Researcher )     14 December 2010

@ 498 A victim

Please brush up your knowledge on DV act. A female relative of husband can be respondent. any male adult and his relatives with whom she has lived in domestic relation...

To quote you ...and I am highlighting the important parts which you have neglected...


As per Section 2(Q) of Protection of Women from Domestic Violence Act, a respondent can only be Section 2(Q) given below :

2(q) “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;


So the relative includes female relatives of husband or live in partner ( in the nature of marriage) also. 


@ Saurabh


The DV act does not stipulate a time limit within which a wife or live in partner ( in the nature of marriage ). Here in this case his wife can very well file a DV case against her husband, even after 3 months. A woman can keep quiet for several reasons and may not be able to think of taking legal action immediately. 


Again she can very well seek the maintenance even though she spent 10 moths with her husband. What normally is seen is not the capacity to earn but the actual earning of the wife. Even working women can claim maintenance if their income is lesser than her husband and if she cannot maintain herself with that income with dignity and in proportion to her husband's income. The suppression of income either by wife or husband causes backlash on the party who is suppressing the facts.

@ Avnish

As far as my knowledge goes in none of the occupation  one can get USD 4000 allowance with salary of Rs 13000/- In this case it is highly likely that the true facts of salary are being suppressed.

Saurabh..V (Law Consultant)     14 December 2010



You points have educated me on the aspect of RESPONDENT.


On the other hand I've few innocent questions as below:


Q.1) Is maintenance a fundamental right so as to be in the ambit of Art. 15(3) of the Constitution of India or any other provision for that matter??

Q.2) If not, then how and why it be enforced irrespective of the conduct of the wife?

Q.3) As a man is duty bound by vedas to maintain his wife, isnt wife duty bound to follow the dictum of the same vedas?


However, as I see maintenance, its not a fundamental right within the meaning of Constituion of India.. It has been unconditionally awarded by vedas as man has been designated the role of head of the family. So wife being a dependent, claims maintenance. Otherwise I do not find any other logical/legal reason why a man is requried to maintain his wife even if she could maintain herself on her own(in case she is working).





Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     14 December 2010



I am also agreed with you.If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also.

The government of India who has enacted this type of ilogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they dont have any earning/job etc.NO not at all.

In NAREGA they are just giving gurantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also.

This blackmailing by wife's must be stopped forthwith.


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