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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
Generally, court will be in favour of her but proper defence can make the amount minimal. Since your wife is highly qualified with a history of earning significantly more than you, the court may deny maintenance under Section 144 BNSS. You must highlight her earning capacity and substantial savings of 1.2 crores. Evidence of her online dating profile and previous high-income status can be used to argue against the sudden claim of indigence. Focus on your limited income and the fact that she has independent means to support herself
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Adv. Yash Ajmani
Delhi | 5+ Answers
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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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No in adulatory case court will not grant maintenance but in that case you need to prove her relationship with other person, without evidence court will not consider and can grant maintenance. So kindly find out evidence. For any clarification kindly call.
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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You can get out of the clutches of this legal extortion using various methods of filing new cases against the wife to create pressure. Secondly this is a case where no maintenance should be granted to the wife per se but can be granted for the child. The principle which stands behind this is that you may divorce your wife but you cannot divorce your kid.
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Adv. Amardeep Singh
Delhi | 5+ Answers
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Hello, first of all sorry to hear about your on going life situation and legal troubles. I will attempt to answer your legal questions however please note that it's strongly advisable to have detailed legal consultation for seeking legal support and best advise in your situation. Once you approach with all your case papers, I will be in a position to properly advise and provide lagl services if deemed fit. You may reach out to me for detailed legal consultation and speedy resolution and proper legal advise in your given situation. Best wishes and good luck.
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Adv. Abhijeet Negi
Delhi | 5+ Answers
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