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Maintenance by wife under 125 crpc
17-Feb-2026 (In Divorce Law)
Wife left home with minor child .. My salary 7.5 lac yearly & wife was earning 45 lac. My saving 1.5 cr and wife's is 1.2 cr. In DV case interim order I pay 12 K monthly for child. Divorce case ongoing ... Wife working for 18 yrs with last 6 yrs in 40+ lac earns 5-6 times higher than me and suddenly lost the job. she has filed New 125 crpc/144 BNSS ... I stay at father's flat & she stays at her fathers' flat... I found her online dating account in Tinder .will court grant further maintanance
Since your wife was earning substantially more than you and has 18 years of work experience, the court will examine whether she is genuinely unemployed or has voluntarily left her job to claim maintenance. An able-bodied, qualified spouse capable of earning is generally not entitled to maintenance merely because she is presently jobless.
Your lower income, existing ₹12,000 child maintenance, and comparative financial position will be relevant. However, child maintenance may still be enhanced depending on the child’s needs and standard of living.
The alleged Tinder account is irrelevant unless you prove adultery, and even then it does not automatically disentitle her from maintenance unless legally established.
File a detailed income affidavit and contest her claim on capacity to earn and suppression of income.
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Adv. Abdullah Akhtar
Delhi | 100+ Answers
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Since your case involves so many complexities it requires detailed analysis. The general rule is wife is entitled to maintenance though there exists other exemptions. For precise advise study of your documents and facts is necessary.
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Adv. Harshit R Gupta
Delhi | 25+ Answers
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Hi there, in your case, she has an option to get the maintenance as her job is lost and she'll claim that she can't sustain herself.
However, her claim can be contested with a proper strategy to avoid paying her maintenance.
It's advisable to contact me and provide more information about the case to assist you better.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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Hi I went through your query. As you are already paying maintenance of 12,000 towards your child and considering that your wife is also earning there are many judgements of Hon’ble Supreme Court and several High Courts werein the courts have denied further maintenance. The facts of your case are somewhat similar to those cases. But you still need to be very proactive in defending the 125 maintenance case which has been filed by your wife so that no further maintenance is granted to her.
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Adv. Pragati Srivastava
Delhi | 5+ Answers
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Maintenance depends on present income and need. If she is qualified and earlier earning more, court may deny or reduce her claim. Child maintenance will continue. Tinder alone won’t decide maintenance.
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Adv. Pankaj Bajaj
Delhi | 5+ Answers
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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.
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