87+ Lawyers are online 
Maintenance to earning wife under section 125
17-Feb-2026 (In Divorce Law)
My salary is Rs 65000/ monthly . 1 minor child and wife staying separately, divorce case ongoing. Already paying 15 K as maintenance as per court orders in DV case to minor child. Wife is earning 4 times high salary 2,50,000/ monthly. My total bank deposit is approx 1.1 cr and wife's bank depot should be 1.5 cr. After 19 yrs of employed my wife got fired from job 30 days back . will court order further maintaiance as a new case filed in 125 crpc. Wife staying on rent and I stay at parents house
When she files the new maintenance petition under 125 CrPC, she'll have a legitimate claim that her financial situation has deteriorated. Job loss + paying rent = genuine hardship. The court will likely look sympathetically at her claim. When the 125 CrPC case comes up, have documentation ready her employment letter, termination date, bank statements showing her savings. Argue she has liquid funds and her sudden unemployment doesn't justify bleeding you dry when you're living at your parents' house.
Helpful?
Adv. Daman Sharma
Gurgaon / Gurugram | 5+ Answers
Chat
helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help ki jaya ge app case ki puri detail send Kara
Helpful?
Adv. Ajay K Godara
Hisar | 100+ Answers
Chat
wife is financially independent, having sufficient income, assets and earning capacity. therefore not entitled to maintenance under Section 125 CrPC.
so how can I help you for a legal quarry. response me.
Helpful?
Adv. Raman Sahu
Hisar | 25+ Answers
CONTACT NOW
Since you are already paying ₹15,000 per month towards maintenance for the minor child as per court orders in the DV case, that amount will be taken into consideration in any proceedings under Section 125 CrPC, as there cannot be double maintenance for the same period. The court primarily examines the comparative income, financial capacity, standard of living, and genuine need of the spouse. Earlier, when your wife was earning substantially more than you and had significant bank deposits, it would have been difficult for her to claim maintenance for herself; however, since she has recently lost her job, the court may grant interim maintenance if she establishes that she presently has no independent source of income. You can contest the claim by placing on record her past income, qualifications, employability, assets, and bank deposits, and also highlight your own income of ₹65,000 and existing child maintenance obligation. The final decision will depend on evidence regarding her present financial condition and whether the unemployment is temporary or voluntary.
Helpful?
Adv. Sumegh Garg
Gurgaon / Gurugram | 100+ Answers
Chat
Under the landmark Supreme Court judgment in Rajnesh v. Neha (2021), the court mandates a comprehensive Disclosure of Assets and Liabilities. Your wife’s 19-year career and previous salary of ₹2.5 Lakhs/month establish a high earning capacity. Courts increasingly rule that a highly qualified woman cannot sit idle and claim maintenance if she is capable of supporting herself, especially if her unemployment is recent and likely temporary.
Helpful?
Adv. Madhav Shankar
Gurgaon / Gurugram | 5+ Answers
Chat
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
