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Contest Div filed by m. alimony and maintenance cases
05-Mar-2026 (In Divorce Law)
I have filed contested Div in KKD court, Delhi. She and I are MBAs and both working for last 8-9 years and she and I earn 1.30 Lakh/month. No physical rel ever. Marriage lasted for 1 year, she stayed for 7-8 days total now . By filing FIR and DV , she wants to extort money. Will court grant any maintenance or alimony in this situation?
Hi,
The court will examine the actual income proofs, standard of living, and other circumstances before deciding. If she is financially independent and earning sufficiently, the chances of regular maintenance being granted are comparatively low.
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Adv. Vishali Verma
Adv. Vishali Verma
Delhi | 25+ Answers
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Since both you and your wife are highly qualified MBAs with equal monthly earnings of 1.30 Lakh, she is not legally entitled to maintenance under Section 144 BNSS (formerly 125 CrPC) as she is fully capable of maintaining herself. Courts generally deny alimony in short-term marriages (one year) with no children or physical relationship, especially when the spouse has independent income. You should strongly contest her claims by presenting proof of her employment and salary to demonstrate that her petition is purely a tactical attempt to extort money
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Adv. Yash Ajmani
Adv. Yash Ajmani
Delhi | 25+ Answers
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In the given circumstances, where both spouses are equally qualified, employed, and earning approximately the same income, the likelihood of the wife being granted maintenance is generally low. Courts usually consider the earning capacity and financial independence of both parties, and when the wife is earning at a level comparable to the husband, maintenance is often declined.
However, the court may still examine the overall facts, conduct of parties, and evidence placed on record. If both parties are earning similar salaries and there was a very short period of cohabitation, the chances of substantial maintenance or permanent alimony are minimal, though the final decision will depend on the discretion of the court and the evidence produced during the proceedings.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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Since both of you are earning almost the same income, the court may not grant significant maintenance because a working and financially independent spouse is generally expected to maintain herself. The short duration of marriage and minimal cohabitation are also relevant factors the court may consider.
However, maintenance cannot be ruled out completely. You should contest the DV/FIR and place proof of her income and employment before the court to oppose any maintenance claim.
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Adv. Abdullah Akhtar
Adv. Abdullah Akhtar
Delhi | 100+ Answers
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Hi there, the court will be reluctant to grant any maintenance only if you contend the proceedings on merit.
Further, the contention of her being educated and having a job are strong but in support you'll have to file a well drafted reply denying all her claims on merits and evidence.
It's advisable to contact me and provide more details about the case she has filed to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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