No salary. Do i have to pay maintenance from interest recevied on FD?

I am planning to file for judicial separation. I was working abroad before thereafter i came to India last year and since then i am not working. Now if i file for divorce my wife will ask for maintenance, but i don't have any salary. I just have some FD's in bank. Do i have to pay her maintenance from the interest received on FD?

Answers (1)

265 votes

Maintenance can be claimed only if your spouse is unable to maintain herself i.e if she is uneducated or her earnings are much less than yours. Unemployment is no bar to pay maintenance unless you are medically unfit. Further if you file Divorce and if you are successful in proving your case on merits, she will not be entitled to claim maintenance.

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