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How Maintenance can be denied by a judge
16-Dec-2023 (In Family Law)
In addition to cuelty wife should prove that husband has sufficient means to pay maintenacne to wife, the requirement of section 125[1] of CrPC In addition to cuelty wife should prove that husband has sufficient means to pay maintenacne to wife, the requirement of section 125[1] of CrPC. Wife should prove that wife is not capable to maintain herself, the requirements of section 125[1][a] of CrPC. Are the above points should be satisfied to get the maintenance please clarify. They don't have proof I have done the cruelty and we haven't done anything. No domestic violence happened. My wife is an MBA. They have filed a false case asking for maintenance. My lawyer says still you have to provide the maintenance to my wife as she left the home on her own wish. Because justice died and courts are in favor of women's. This is all women's court. Please clarify on maintenance terms please soon.
Hi according to your query the maintenance can be denied by judge in the following circumstance if you satisfy the court with the evidences. the reasons are Maintenance not granted if wife wants to reside separately,Maintenance not granted if it is proved no reason to leave husband,No Maintenance For Working Women,She was earning and she had not come to the Court with clean hands,Unemployed man can not be forced to pay Maintenance for further clarifications you can contact us.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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Hi
In general, for grant of Interim maintenance v (till the pending of trial), the wife has to prove only 2 points.
a) that she is married and
b) she has no source of income.
However in order to defeat the claim of permanent maintenance you should prove the following:
a) That the wife deserted the husband and left her matrimonial home for no rhyme or reason
b) That the wife is not willing to resume cohabitation despite counselling and
c) the chances of survival of marriage is NIL (Assuming any divorce petition is filed)
Hope this information is useful.
In general, for grant of Interim maintenance v (till the pending of trial), the wife has to prove only 2 points.
a) that she is married and
b) she has no source of income.
However in order to defeat the claim of permanent maintenance you should prove the following:
a) That the wife deserted the husband and left her matrimonial home for no rhyme or reason
b) That the wife is not willing to resume cohabitation despite counselling and
c) the chances of survival of marriage is NIL (Assuming any divorce petition is filed)
Hope this information is useful.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear,
Yes. Your wife has to satisfy the court that she is unable to maintain herself and that you are a man of means capable of paying maintenance to her. Either your lawyer is incorrect to say that you have to provide the maintenance to your wife as she left the home on her own wish or you were unable to comprehend what your lawyer has advised you. A willfully deserted wife is not entitled to maintenance and this you need to prove in the court to avoid maintenance. The interim maintenance petition has to be decided by the court after thorough inquiry and hearing both the parties. Therefore, contest well and seek to dismiss the interim maintenance petition.
Yes. Your wife has to satisfy the court that she is unable to maintain herself and that you are a man of means capable of paying maintenance to her. Either your lawyer is incorrect to say that you have to provide the maintenance to your wife as she left the home on her own wish or you were unable to comprehend what your lawyer has advised you. A willfully deserted wife is not entitled to maintenance and this you need to prove in the court to avoid maintenance. The interim maintenance petition has to be decided by the court after thorough inquiry and hearing both the parties. Therefore, contest well and seek to dismiss the interim maintenance petition.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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