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Do I have to pay maintenance for wife if she is working
20-Jun-2025 (In Divorce Law)
My wife has filed a maintenance case . She is asking a interim maintenance of 30000 per month and maintenance of 50000 per month. And she is working. She gets a monthly income around 19000 to 20000. My income is 85000. We don't have any children and our marriage was done on September 2023 and we stayed for 6 to 8 months. Do I have to pay maintenance in this scenario . And my divorce case is going on
Your income is higher than your wife's income but that alone does not mean she is entitled to 30000 to 50000 unless justified. Your wife is earning 19000 - 20000 per month, definitely it could be used to reduce her claim for high maintenance. The court usually doesn't grant substantial maintenance if the wife is earning and can support herself, since there are no children involved only spouse maintenance is the question. Immediately Consult a lawyer and submit all proofs of your wife's income certificate including the short duration of your marriage certificate highlighting your own financial responsibilities also. File a Counter Affidavit in your maintenance case showing her income and financial independence. Request the Court to dismiss or reduce the interior maintenance. If the matter is under section 125 of CrPC you can find the evidence of her income to argue that she is not entitled to maintenance particularly section 24 and section 25 of the Hindu Marriage Act 1955. The court consider several factors in the maintenance . Immediately contact a lawyer and file counter affidavit . Maintenance is generally awarded who cannot maintain themselves . If you file the counter- affidavit The Court will definetly deduct the wife's income from the maintenance amount. Your higher income may be a factor for maintenance but the short duration of the marriage and her earning capacity will weigh against a large maintenance award . You may not have to pay a high maintenance in the absence of children also.
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Adv. Pavani Kumari
Guntur | 400+ Answers
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Your divorce case who filed the divorce case it depends on tat basis tat is one thing one more thing as she is working and Donot have children no need to pay maintenance but there will be another issue which u have to face is tat need to pay alimony
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Adv. Gunturu Satya Sridevi
Hyderabad | 50+ Answers
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No but you need to prove she is capable of earning and also if even she files her asset and liabilities petition you need to that’s your advocate need to check it properly if any false details she filed
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Adv. Dampanaboina Tejashwini
Hyderabad | 25+ Answers
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