Advocate Pushpender Malik

Questions Answered by Advocate Pushpender Malik

Q: My wife filed me impotent case on me.

My wife filed impotent notice as response to my petition Section 13 1 ia because she left me after more than year. Is court consider impotent case even we separated after more than one year now.

Advocate Pushpender Malik answered
In India, the amount of alimony or maintenance to be paid is determined by the court based on various factors such as the financial status of both parties, their standard of living, the duration of the marriage, the earning capacity of each spouse, and other relevant factors. The court will consider all the relevant factors before deciding on the amount of maintenance to be paid.If your wife is taking maintenance from you and your wife is also working woman, then in this case you can file application for alteration of maintenance as per u/s 127(1) crpc.As you said, she had physical intimacy with someone. It will not affect your case as you already divorced.If you have any further queries feel free to contact with meThanks

Q: Counter case for Maintenance sec125

Hi, I got married in Apr2013 and we both were working in private company here, no kids. Legal cases started in 2017 in panckhula as it is her native and to harass me to travel. its been more than 6yrs and no respite, they want to satisfy their ego and taking advantage of law favoring women in India. Current situation, Interim maintaince of 10000rs on me eventhough she is earning 75000rs per month and living with parents in panchkula. She has filed Divorce case also in same family court. As a counter I am planning to file Sec9 from my native place. My question is would that help me as she has filed divorce and does not want to live with me and I on other hand files Sec9 that I am willing to live together, on this ground can maintenance be rejected, also should I serve notice to other part for Sec9 or hold it until they get ex-party, will this help if reappeal done in high court. Please advice. Thanks

Advocate Pushpender Malik answered
In your situation, filing a Section 9 petition may be a good counter-move to your wife's divorce petition, as it demonstrates your willingness to reconcile and work on your marriage. However, it is important to note that if your wife is not willing to reconcile and continue the marriage, the court cannot force her to do so.Regarding the maintenance, the court considers various factors such as the earning capacity of both spouses, their financial needs, and the standard of living they were accustomed to before the separation. If you can demonstrate that your wife is earning a substantial income and does not require maintenance, the court may reduce or deny maintenance payments.