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Ramanathan (IT Pro)     26 November 2008

Should I give Maintenance even if I quit high paying job

I am married for 1 1/2 years now. Right from the start, my wife was very dominating and during arguments, very insulting both in words and behaviour. I am well employed, earning a good salary now. But as from childhood I was used to a life of minimum expenses (my parents were of simple means) so I still can live with simple needs. A good part of my income goes as savings, planned for family needs and the future education needs of children etc. My wife has left me a month back and has gone to live in her mother's house (her father no more). My query is, I am afraid that if she foists some false case under 498a/DVA and seeks a hefty maintenance citing my high current salary, is there any way out for me to avoid this? Rather than spending my hard earned money spent wasting my health in giving her alimony, I am even ready to even quit the job & take up a low paying job as it would still give me enough means to sustain myself. But still would she be able to claim a hefty maintenance citing the high salary job I was working in, earlier?


 8 Replies

Ajay kumar singh (Advocate)     26 November 2008

Generally alimony is fixed in accordance with the income of the husband.A iow paid person can not be imposed  heavy amount.

Adv.Shine Thomas (Advocate)     26 November 2008

The determination of the amount of maintenance shall be in the discretion of the Court.

N.K.Assumi (Advocate)     26 November 2008

Dear Ramanathan, your query is something like asking the forum to prophesise for you, however both Mr.Shine Ji and Ajay ji ic correct as far as the legal implication is concerned.More over the issue of foisting false case is lurking in the dark as it may happen or it may not? And why should you quit your high paying job for low paid job?

K.C.Suresh (Advocate)     27 November 2008

You have to maintain the wife. The maintainace depends of=n the income. So long as you are healthy you have to pay maintainance by doing physical jobs. Quit the high paying won;t help a husband. You apprehend so many things from your loved one. How to help you in your unlimited apprehensions You have to find a solution. You have to face it. but still then you have to mainatain your wife and young children.

Natesan (Law)     27 November 2008

This one raises another question

" what happens if the husband was jobless for awhile or  underemployed [ earn less salary] , does he still need to pay the same amount of maintenance he used to pay when got higher salary ?

Asgher Mahid (Advocate)     27 November 2008

The same may brought in to light of the court for his lesser income, the court will take a judgments upon the consequences.

Ramanathan (IT Pro)     30 November 2008

Dear all,

Thank you for the responses. Can I clarify my query further?

My situation is like this. Though I am getting a high pay now, I am working in a difficult job which could affect my health in the long run. My aim is to save some of the money for the future, given that I have elderly parents and a kid to support. Also the job is very stressful and affecting my health. it is not sure how long I will be able to continue in this job. Maybe 5 yrs or maximum 10 yrs - after that I'm thinking of retiring and doing some small business with the money earned till then. But I made a wrong choice in marriage. My wife's inclination has been to spend most of my pay in buying luxurious items for her and many times, for her family. The way she was brought up, their family has the mindset of living a luxurious life, even by borrowing money from others. She is unable to understand the merits of saving money for future, although I tried my best. She used to be working earlier, but not after marriage. Now. After the last argument she has gone to live with her mother. I am despondent as I could not get her love still. Also I spent so much of money, earned by wasting my health working long hours, for giving presents and financial assistance not just to her but to her whole family. Now I am ready for the worst. I at least do not want whatever remaining money I have saved to end up with this unscrupulous family either in maintenance or in any other way. I think I don't need this high paying job to maintain my family as I may get a lower paying job which is better suited to my health in the long run.

Thanks for your patience. Now my query is, it looks like a legal battle is looming. She has all the advantage, it seems. It is true that the last time we stayed together, I had this high paying job. Now, if I quit the job before the matter reaches the courts, and if the judge has to take a decision on alimony, on what basis which he decide? I mean, will he want me to pay alimony as per the salary I was earning when I last lived with her, or will he want me to pay alimony as per my living standards of the time when the matter reaches the court?

anshu shekhar (service)     17 December 2008

dear sir,

? r u saying is not a healthy ground for maintainance.

sec 18 subclause 2 of maintainance act says abt seprate residence and get maintainance but under certain grounds. there r 7 grounds in the act but above 6 hav no need to discuss here. 7 th ground is justifying cause. so it is up to cort ? he thinks.but acorging to me a good lawyer can turn ur case in ur favour coz u ful fil all basic need of ur wife.

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