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Wife filing maintenance case if transferring Rs 5000 every month


25-Nov-2023 (In Divorce Law)
If I am transferring amount (Rs 5000) into the account of my wife and maintaining proper accounting, can she file maintenance Case ??
Answers (3)

Answer #1
797 votes
Legally, she can file maintenance case. In case divorce proceedings between you two have started, your wife can file an application u/s 24 of the Hindu Marriage Act, 1955 and claim interim maintenance, which will be fixed in accordance with the income affidavits filed by you and your wife. Apart from this, your wife is also entitled to file an application u/s 125 of CrPC and claim maintenance therein. If any event, the factum of you transferring Rs. 5000 per month in your wife's account will be considered by Court at the time of deciding the amount of maintenance.
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Advocate Kushagra Pandey

Adv. Kushagra Pandey

LawRato Delhi | 25+ Answers
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Answer #2
545 votes
Yes, she can file the maintenance case as the principle governing the entitlement of the wife to the maintenance is based on various aspects including income and liabilities of both the spouse, the equal status of both the spouse and the amount should aid the spouse to live in a similar life style as he/she enjoyed in the matrimonial home.
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Advocate Biswajit Kumar Patra

Adv. Biswajit Kumar Patra

LawRatoDelhi | 25+ Answers
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Answer #3
778 votes
Yes your wife can certainly file a maintenance case as rs 5000 as maintenance has not been ordered by any competent court.But the amount you have paid can get adjusted in the arrears of maintenance which will get accrued after passing of the order...for further information please contact us
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Advocate I.A. Alvi

Adv. I.A. Alvi

LawRatoDelhi | 5+ Answers
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