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Interim maintenance payable to wife
21-Jul-2025 (In Divorce Law)
I am a male & my marriage lasted for just 5 days as my wife caused lot of mental cruelty at matrimonial home. On 7th day she was sent to her home & didn't not bring her back to my home as she was causing lot of problems. She file police complaints against me at 3 places and with my employer. I'm State Govt. employee earning 1.1 Lakhs and her's 95k as Manager in Govt. Bank. We havent met for almost one year after marriage. Now I have filed for contested Divorce. She is eligible for maintenance?
yes she can file but she is earning well and can maintain herself so there is no reason to give her maintenance And though she files for maintenance we have good case to defend. yes she can file but she is earning well and can maintain herself so there is no reason to give her maintenance And though she files for maintenance we have good case to defend.
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Adv. Shambhavi Omakr Gandhi
Adv. Shambhavi Omakr Gandhi
Kolhapur | 25+ Answers
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Even if you and your wife both are gainfully employed, the Courts tend to grant maintenance to the wife as you are liable to maintain her. However, in many cases the Courts have taken a view otherwise too. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Adv. Prerna Shukla
Mumbai | 700+ Answers
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As per Indian law, a wife earning a good salary, like ₹95k/month as a government bank manager, is generally not eligible for maintenance unless she can prove her income is insufficient for her needs. Courts usually deny maintenance to a financially independent wife, especially when her income is substantial and marital cohabitation has been very short.
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Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Under Indian law, a wife can claim maintenance or permanent alimony if she is unable to maintain herself and does not have sufficient independent income. However, in your case, certain factors weigh against her claim. You mention she is employed as a Manager in a Government Bank earning ₹95,000 per month. Courts have repeatedly held that a working wife earning a substantial income is not entitled to maintenance unless she proves financial insufficiency for basic needs or to maintain a lifestyle similar to that of her husband. Since your earnings are higher at ₹1.1 lakh per month, she may attempt to argue for parity of lifestyle, but her stable and respectable government employment is a strong defence for you to contest any maintenance claim. Additionally, the fact that the marriage lasted only 5 days and she has been living separately for a year while filing multiple complaints can also be pleaded as grounds to deny her interim maintenance, especially if cruelty and false complaints are established. The Court will assess her income, assets, liabilities, and standard of living. You can resist her claim effectively by producing her salary slips, ITR, and bank statements to show she is financially independent.
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Adv. Sanil Sarkar
Adv. Sanil Sarkar
Navi Mumbai | 100+ Answers
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Given your wife’s substantial and stable income as a Govt. Bank Manager, she is not entitled to maintenance under Section 125 CrPC or Hindu law. Your legal counsel should contest any maintenance claim on grounds of her financial independence and the very short duration of the marriage.
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Adv. Ashish Kumar Patel
Adv. Ashish Kumar Patel
Nagpur | 25+ Answers
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