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atul gajbhiye (na)     08 August 2017

why should I pay maintenance?

Allegations made by her are not proved, found not guilty in 498a its undecided weather she's aggrieved or not. Then why should I pay interim maintenance? I've been jailed twice for same reason.


 7 Replies

Sachin (N.A)     08 August 2017

if you have jailed for non-payment of maintenance. then she cannot claim arrears as you are already punished for non-payment. But for future you need to pay maintenance

Kunuthur Srinivasa Reddy   09 August 2017

It is not clear whether or not your spouse filed the Petition for maintenance separately.. If she filed the said Petition, have you filed counter petition? It is also not clear whether she prayed for maintenance as well, right in her Petition for divorce. It is not known whether or not you contested the divorce petition for its dismissal or consented for divorce. 

Kunuthur Srinivasa Reddy   09 August 2017

It is not clear whether or not your spouse filed the Petition for maintenance separately.. If she filed the said Petition, have you filed counter petition? It is also not clear whether she prayed for maintenance as well, right in her Petition for divorce. It is not known whether or not you contested the divorce petition for its dismissal or consented for divorce. 

Adv Radhika Mehta (Advocate)     09 August 2017

As your legally wedded wife, she is entitled to recieve maintenance from you, unless and until you are able to prove that she is a working woman who has income sufficient for her support. 

If you were found not guilty under Sec 498A, that has nothing to do with interim maintenance.  You can always use the same to get a Divorce from her on the ground of cruelty. 

Kunuthur Srinivasa Reddy   11 August 2017

If petition moved by wife for divorce is dismissed by the Court, is it necessary to pay maintenance?

Saurabh..V (Law Consultant)     11 August 2017

Originally posted by : Radhika Mehta
As your legally wedded wife, she is entitled to recieve maintenance from you, unless and until you are able to prove that she is a working woman who has income sufficient for her support. 

If you were found not guilty under Sec 498A, that has nothing to do with interim maintenance.  You can always use the same to get a Divorce from her on the ground of cruelty.

 

You need to cleanse your understanding of the subject before you answer a post. Maintenance is not a right under ANY law whatsoever. It is first, a duty of the husband, which is subject to the duties performed by the wife. If the wife fails to perform her duties as a wife, then she is not entitled to any maintenance whatsoever, even if she is not working. Long ago I posted an informative & detailed article here - Maintenance - A Myth Unveiled. You can read and see if this helps your understanding of the law. Although courts in India, in fact judges in India, mechanically pass orders of maintenance, but the true spirit of maintenance can be understood from my article (link given above).

 

It is for general understanding of all the readers:

Petition for divorce has nothing to do with Maintenance. Even if divorce is granted or rejected by the court, maintenance can be ordered by the court.

 

Now coming back to the topic::

Dear @Author

 

You are only governed by the orders passed by a competent court. You have all rights to defend your case and if not satisfied then to challange the court order in a higher court of justice. But clearly, maintenance and divorce are two different subjects/cases. Please hire a decent lawyer who can help you understand the situation and help you come out of this.

 

All the best!!

 

//Peace/Saurabh..V

Adv Radhika Mehta (Advocate)     16 August 2017

Mr Saurabh, i am failing to understand why you are targetting my posts. If you do not agree with the answer provided by me, that is really and only your problem.  Im not here to prove my knowledge to you.  And anyway, i dont believe i need to learn or understand anything from a person like you, who has probably never opened a law textbook in his entire life and is here just to spead his philosophy.  And for your information, kindly read Sec 24 & 25 of the Hindu Marriage Act and sec 36 and 37 of the Special marriage act to understand that there are provisions for the wife to seek maintenance.  Likewise in all other acts. Thank God, the judges in India have much more sense and are not wayled by such stupid ideologies. 


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