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On what ground can interim maintenance/maintenance be denied to wife
26-Jul-2023 (In Divorce Law)
Hi, Is there any valid grounds that we can reject interim Maintenance to my wife. She is qualified ( B.Com Graduate) and she has good financial back-up. She has filed false Dowry harassment 498a and 307 cases against me by knowing still it's a second marriage. 2. Can my wife file multiple maintenance against me? It would be great if you can kindly guide me regarding same.
you can plead and prove that your wife has sufficient means and source of her own to maintain herself, in which event you may succeed in not paying any maintenance.
Your wife is not entitled to claim multiple maintenance. In case maintenance is already awarded, she may ask for enhancement in the changed circumstances, like increase in your income, inadequacy of maintenance awarded, etc.
Your wife is not entitled to claim multiple maintenance. In case maintenance is already awarded, she may ask for enhancement in the changed circumstances, like increase in your income, inadequacy of maintenance awarded, etc.
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Adv. G M Paramasiviah
Bangalore | 25+ Answers
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On what grounds a husband can deny for maintenance?
According to Section 125.4 of the Criminal Procedure Code, a wife does not qualify for maintenance if they have committed adultery, are infidels or refuse to live with their husbands without a sufficient reason. If the divorce was sought through mutual consent or the husband did not have a source of income.
In which cases wife is not entitled for maintenance?
The Karnataka High Court ruled that a woman who is having an adulterous affair with another person cannot claim maintenance under section 12 Domestic Violence Act. 06-Oct-2023
What is rejection of maintenance under SEC 125 CrPC?
The Magistrate may cancel an order if the wife for whom the order was made is found to be living in adultery or refuses to live together with her husband without a sufficient reason, or if they both agree that they will not live together.
How do I challenge interim maintenance?
You can indeed file a petition for revision to review the court orders granting her support and to also reduce the amount based on your facts and merits. You will need to prepare evidence that shows you dont earn the income she has falsely projected in her maintenance application.
If she has been employed in the past or has means to find employment, then by producing the relevant documents (past salary slips, degree certificate) you can defend grant of maintenance. 498A cases are dealt on a different plane so the maintenance does not feature there. Multiple maintenance cases can be filed but if it is granted in any one case, then you can use it to prevent grant of maintenance in the second/ other cases.
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Yes u can deny giving maintenance by establishing financial status of urs and ur wife show document to court about her financial capacity and maintenance not required u should show to court and further maintrnance cannot be filed several times.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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To reject the maintenance case or deny interim maintenance it must be proven beyond reasonable doubt that: 1. The wife is educated. She has the ability to earn, she is currently earning, or she previously worked and left employment without valid reasons.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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