How to avoid the interim maintenance filed by the wife

964 votes

For that, i need to knlw the whole story, the background, the issues, what's the current status. Its better if we sit for a conference and then can discuss the issues. Unless I k ow the whole story or background, I cant really advise you.

Advocate Debangshu Dinda LawRato

852 votes

this cannot be avoided under any circumstances as recent judgements are also there where it states husband has to pay maintenance even if wife is earning or even if wife is earning more than husband. It is suggested to contest it properly.

Advocate Aveek Bose LawRato

575 votes

If your wife is not employed then you can not avoid maintenance allowance. However you can challenge the order by appealing in higher court. Decree of restitution of conjugal right would not consider in maintenance case.

Advocate Minansu Bhadra LawRato

729 votes

Sir,
There is no such provisions of law for the husband, who can avoid liability of maintaining his wife. For obtaining order of maintenance a few conditions r to b satisfied by d wife. It is not clear from ur queries that 1) whether ur wife is self independent or not, 2) whether ur marriage has been disolved or not, 3) whether she had remarried or not, 4) whether she is guilty of adultery or not.
In short it is ur duty of a husband to maintain his wife.. Rest of the things can be opined through detail discussion in the matter.

LawRato LawRato

800 votes

It would not be discussed publicly. Wife, even a divorced wife is entitled to get maintenance till her remarriage if, she has no sufficient income to maintain herself. You have already gathered some experience regarding court procedure during your previous suit for restitution of conjugal rights. So, if you want come confidentially with all your details.

Advocate Aniket Joardar LawRato