Maintenance

You are socially, morally and legally bound to maintain your wife and child consequently you will have to pay.

Engage a local lawyer to contest the case, who is better equipped with tricks to minimise your maintenance liablity.

you have to pay maintenance for your wife and for your daughter as you are legally bond for so , to minimise the maintenance amount you have to fight your case in the court by submitting various proofs which shows hardcore other liabilities on you and hence you are unable to pay 14000/- p.m , if court satisfied with your statement only then the court can reduce the maintenance amount . Yes she can file any case but only after investigation police will decide to file 498a fir or not .

Dear, if she is living sepratly with her own wishes, then as per 125 she is not entitled to any maintenance ..... Kapil chandna, adv 9899011450

Wife is not entitled for maintenance if she has deserted you, 

She can file Section 498-A complaint, if she feels to have been harassed for dowry or mentally harassed.  In Section 125 cr.p.c. if she proves that she left you with a reasonable cause like harassment, cruelty etc. she is entitled to maintenance and the amount will be fixed by the court taking all the circumstances - income and expenditure into consideration.

Since she has already filed the case and the same is pending before the court and you have engaged a lawyer too for defending yourself, did you not ask your lawyer the same query?, Well, you have not come out with the facts that whether she voluntarily abandoned her matrimonial home or has alleged to have been driven out of her matrimonial home?There are no parameters to decide or measure the quantum of maintenance amount, it depends on the situation.  You have to give the factual situation and proper instruction to your lawyer who will be able to defend your case. About 498a case, she cannot be restricted to not to  file one, it is her choice depending on her mentality.

Sir,  I had put maintenance case against my husband, but the judge dismissed my case stating that I am educated and I am able to look after myself since I was working as computer operator that too before my marriage and not after my marriage. What to do in this regard? 

 

Ankitha

Originally posted by :
	Sir,  I had put maintenance case against my husband, but the judge dismissed my case stating that I am educated and I am able to look after myself since I was working as computer operator that too before my marriage and not after my marriage. What to do in this regard?    Ankitha

@Ankitha Sumith:  You have use your own thread to post your queries, do not use other thread. Well, you should have elicited before the court that you were not allowed to work after marriage hence due to out of touch and continuity you are not able to be employed any further and fully depend on others (your husband) for your survival and maintenance.  Even now you can prefer an appeal before the higher court to that of the crt which dismissed your case for maintenance. 

Is the case of author(s) same/similar or confused?

 

Here are 79 judgements in which maintenance was denied to wife.   https://www.lawyersclubindia.com/forum/LIST-OF-ALL-JUDGEMENTS-WHERE-MAINTENANCE-DENIED-TO-WIVES-86215.asp#.VGp0ZfnF-So Hats off to the author. Read judgement number 21,22 and 23. It clearly mentions 3 main topics. Husband's property not counted for maintenance, maintenance not based on arithmetic calculation and claim of high status of husband not sufficient for interim maintenance. Employable woman cannot claim maintenance. https://advocateseema.in/files/saket_damanreet_kaur_vs_indermeet_singh_juneja.pdf   No maintenance to working woman. https://advocateseema.in/files/Manokaran_@_Ramamoorthy_vs_M._Devaki_on_21_February,_2003.pdf   No alimony to woman who desert husband https://legalmanthandivorce.blogspot.com/2010/09/alimony-for-woman-who-desert-husband.html   No maintenance for leaving job purposely. https://zeenews.india.com/news/delhi/woman-denied-alimony-for-concealing-facts-from-court-in-delhi_809859.html

If your wife files 498A after maintenance gets rejected then she is in trouble. You do not worry about 498A. Do not play any dirty tricks. Read your wife's divorce petition multiple times and if you find anything suspicious then try to expose her. If you lie then she will file perjury on you so better reply with actual facts. 

@Ankitha

Judge may have given solid reason for rejecting your maintenance. Your husband may have submitted enough  evidences otherwise why would judge reject your maintenance.