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life_goeson (owner)     12 September 2013

Maintenance eligible or not urgent

hello i want to ask this ques. i m continuously reading loi. here every expert say if wife is working then no maintenance but 8 out of 10 wives get maintenance from court. even though they are working they put  pleed of status difference salary difference. so how come expert here give 100% sure advice no maintenance to workig wife. but they forget to mention conditions. i need  a expert advice on this. as eve we are facing maintenance case and issue she raised difference i salary, standard, current inflation situation. husband is earning around 1.5 lac a month and wife is earning around 20k


 4 Replies

Adv k . mahesh (advocate)     12 September 2013

around 1.5 lac a month and wife is earning around 20k

in your query itself answer is there 

1. it is correct that if wife is working she is not eligible to get maintenance from husband 

2. lot of judgments are there for this point to prove

3. in some cases the salary structure will be taken in to account and the judge will decide the maintenance 

4. you are getting 7 times more of your wife and she had taken that advantage and made court agree to that like your salary, standard of living, expenses while staying with you, if kids are there for them, and more inflation rising costs which she cannot afford, lawyers and court expenses, if any medical expenses etc., such aspects will be taken into consideration and the honourable judge will decide the maintenance 

1 Like

Raja_498a Victim (Manager)     12 September 2013


If wife is working and getting enough income, she is not eligible for maintenance.

However, it depends on case by case.


For example, if duration of marriage is less than 1 yr and no kids and she is getting 20,000 and Husband is getting 30,000. No maintenance to wife.


But burden lies on husband to proove her income. Court takes only her affidavit or paper proofs from your end.


Say in other case if husband is getting 20,000 and wife gets 2,000 only then say she is eligible for 3,000 per month.


Judge subtracts 2000 and awards 1,000. But you need to proove her income. She always says no income and begs from husband.

If there are kids, you are liable to maintain them...


In DVC, Interim maintenance will be awarded till case is closed. If she works then no maintenance. Court believes only paper proof and her affidavit.





Dr. Jyothi Vishwanath (Associate Professor of Law)     12 September 2013

salary difference, style of living, status, needs all matter for fixation of maintenance.

stanley (Freedom)     13 September 2013

@ life goes on 

A lot of factors are taken into consideration before awarding maintanence and in india there are no hard and fast rules  . Take for instance your wife is earning 20 K while you are living togather under your shelter her needs were within her source of income . Normally once divorced her needs would increase taking into consideration additional costs like rent ,her financial obligations ,disabilities etc  . Normally maintenance is based on the actuals needs of your wife and the actual ability you can pay to the other spouse .

1. Now wife will state in court or rather her crooked Counsel will state that her needs surpass her income of 20 K and hence even though working she is unable to maintain her self .Hence the court would take into consideration these factors. 

2. In your case you have stated or your wife has submitted to the court that you earn  1.5 lacs per month . Hence you would have  to  state your  liabilities  since the court would take into consideration your liabilities .Normally as she has projected your high income to the court and it shows that you have the capacity and capability to pay her and hence she has projected to the court the point of her standard of living she has to maintain . 

3. Also she will take custody of the kids if any and project their expenses for which you would have to pay .

Everything depends on a case to case basis for maintenance . In india only a wife can claim maintenance and there is only one section that is HMA 24 where a man can claim maintenance from his earning wife provided he shows that he is not capable of earning.

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