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How to avoid paying maintenance to wife after filing of RCR


11-Apr-2023 (In Family Law)
Hi I m the petitioner and filed restitution of conjugal rights against my wife.after this she is asking maintenance.since she is working and highly qualified can i avoid paying her maintenance.from 2 years we are living separately.. please suggest how to prove she is working Thank you...
Answers (3)

Answer #1
737 votes
You can application under relevant provision of law of Civil procedure code and summon her salary certificate if not produced the Court will decide in your favor saying she is having sufficient income. You may approach High Court if family court not giving orders in your favor
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
631 votes
If she's working you can avoid giving her maintenance let her file petition and you can contest the same you need to share the petition of conjugal rights so as to be able to guide you properly. Also if you know her office address get details through the company or through order of court
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Advocate Swarnarka Chowdhury

Adv. Swarnarka Chowdhury

LawRatoMysore | 400+ Answers
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Answer #3
720 votes
Sir, you have not mentioned herein about the order of court for maintenance. whether court has passed any order of maintenance or not? If it is passed then you have to pay or otherwise challenge that order before high court. If the order is not yet passed but she has filed Application for interim maintenance, then you have option to file statemant of objections to the Application and argue the matter with citation of supreme court and high court in relation to establish that she is not entitled any maintenance because of she is employed and earning sufficient for her lively hood. You are required to file an application for summon her sallary certificate and pass book. If you prove her earnings by summoning sallery certificate and pass book then the question of paying maintainace does not arise. Kindly contact for Further details.
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Advocate Bhojappa Kallihala

Adv. Bhojappa Kallihala

LawRatoBangalore / Bengaluru | 400+ Answers
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