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Maintenance without the divorce petition
07-Dec-2023 (In Divorce Law)
What does law state per Hindu marriage act 1955 on the maintenance amount for wife? In this specific scenario, either party has not filed for divorce nor there is any petition filed / court order for maintenance. Husband is sending requested monthly maintenance amount out of obligation. Wife is living separately and is not willing to disclose her employment status and income. Should husband continue to provide monthly maintenance in this case? If either one of them file for divorce later, would it effect negatively on the case for husband if maintenance is stopped now?
Dear Sir,
Until Court orders husband is not oblige to pay any Maintenance to wife. They would be no negative impact if maintenance is not paid after divorce cases filed by husband. In many cases husbands are not paying Maintenance even after Court orders. As per Supreme Court judgment wife is entitled upto 25% of husbands salary minus the salary of the wife. Both are suppose to file Affidavits before the Court in respect of their respective incomes.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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As per your information provided the maintenance provided is absolutely voluntary in nature. If you stop paying then you can have a shadow that saying your wife got an employment and as such you stopped paying, where you can provide the details of her employment.
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Adv. Ashok Kumar
Bangalore / Bengaluru | 50+ Answers
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