Is wife entitled for maintenance in case of doing job


Hi my wife left me just 3 month of marriage due to some pitty issue arises due to mismatch of nature, no cruetly done by me on her. Now 2 years past and she is forcing us for mutual divorce with alimony although she is working in software company with 35k net home salary + incentives. I am also a software engineer and earning 60 k but i have liablity on my parents which is ill. Can she is liable for alimony if yes then how much. She is threating us to file maintanence case if we are not ready to pay her.

Answers (3)


151 votes

When a couple gets divorced by mutual consent, the decision on alimony is subject to the mutual understanding between the couple. And if you are contesting for your divorce petition that is totally different from mutual divorce petition, in that case court intervenes and decides the issue of alimony on merits of case. Assessment of amount of alimony is entirely court's discretion. The factors that the court takes into consideration for permanent alimony are: The status and position of the husband, his income, his assets and his lifestyle; the reasonable wants of wife; the wife's own income or earnings. The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband. So, first try to settle the amount mutually, if it is not possible then you should go for the divorce petition and let the court decide the amount of alimony because by this all the things will be on record and before the honble court.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

65 votes

hello. she do not have strong case/cases, as per facts given by you . You can go for mutual divorce on your terms. contact office for details.................................................................

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
69 votes

Dear Sir,
If you want to stay with your wife, the best course will be to file an application under Sec9 of Hindu Marriage Act. Maintenance is her right but it can be challenged based on certain facts and judgments.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles