Wife is demanding 1 lakh Maitanance

847 votes

In response to your wife’s demand for ₹1 lakh in maintenance under Section 125, you can argue that your actual income is much lower, as reflected in your affidavit (₹15,000). Since you’re working under your father with no fixed income, you can submit additional evidence like bank statements, tax returns, or any other proof of financial status to support your claim. The court typically considers the husband’s actual earning capacity and financial obligations before deciding on maintenance. You can also highlight your responsibilities and financial commitments to argue for a reasonable amount.

Advocate Rohan Venkatesh Yemul LawRato

702 votes

Under Section 125 of the Code of Criminal Procedure (CrPC), the court considers several factors to determine maintenance, including the husband's income, lifestyle, and earning capacity. If your income is genuinely limited to ₹15,000 and you have no fixed or independent income besides your father’s business, it is essential to submit evidence to support this. You can provide: 1. Affidavit of income: Clearly declaring your current earnings. 2. Bank statements and ITRs: Showing your financial position. 3. Business-related documents: Confirming your employment under your father with no separate or assured income. The court will evaluate both parties' financial status and lifestyle. If the demand of ₹1 lakh appears excessive compared to your income, the court may reduce it based on your actual capacity. Ensure your legal counsel helps you gather relevant proof to defend your claim effectively.

Advocate Mrunmayi Kotawadekar LawRato

640 votes

To respond effectively to your wife's demand for maintenance under Section 125 CrPC, here’s an outline for your advocate's reply: Reply to Maintenance Affidavit under Section 125 CrPC I, respectfully submit the following response to the affidavit filed by the petitioner in which she is claiming maintenance of Rs. 1,00,000 per month: Income Disclosure: It is true that I am currently working in my father’s business. However, my monthly income is irregular and fluctuates, as I am not receiving a fixed salary. My monthly earnings are approximately Rs. 15,000, which I have already declared before this Honorable Court. I do not have any substantial independent source of income or assets in my name that could allow me to meet the excessive demand of Rs. 1,00,000 per month. Financial Dependency: The nature of my employment is such that I am financially dependent on my father for my basic expenses. I do not have any other means of earning a substantial income beyond what has already been disclosed. This income is barely enough to meet my own basic living expenses, including rent, food, and transportation. Exorbitant Demand: The demand of Rs. 1,00,000 per month is highly unreasonable, considering my current financial status. It is beyond my capacity to pay such a large sum as maintenance, and this demand seems to be disproportionate to my financial condition. The petitioner’s affidavit does not take into account my limited financial resources. Wife’s Financial Condition. It is respectfully submitted that the petitioner has the capability to maintain herself as she possesses [mention any known employment or financial resources, if applicable]. Therefore, the demand for such a high maintenance amount is unjustified. Request for Reasonable Maintenance: I am willing to provide a reasonable amount of maintenance as per my financial capability and as directed by this Honorable Court. However, the amount sought by the petitioner is far beyond my means, and I humbly request the Court to consider my actual earnings while deciding the quantum of maintenance. In light of the above facts, I respectfully request the Honorable Court to take my financial position into account and pass an order accordingly.

Advocate Kiran Ashok Gangurde LawRato

917 votes

Well, if you have not been earning a fixed income, then, the Court will consider this economic problem of your's while calculating Maintenance under Sec 125 of the CRPC,1973 Application/Petition for your Wife, which will substantially reduce Maintenance for you.

Advocate Pankaj Bajaj LawRato