LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sandeep (nil)     04 May 2010

125/3

Dear Sir / Madam

My wife has filed a case and has projected that she is a housewife and is trying to claim money from me (Maintainence) I have proof that she has been working as a school teacher since 1999.

She is claiming Rs 10000 for herself and 5000 per month for my son. Please help me what can i do



Learning

 3 Replies

Anmol Sharma (advocate)     04 May 2010

law is such that she is entitled to interim maintenance anyway. rest is subject to proof and evidence. you can prove later that she is earning, but the golden advice is meet a lawyer and take proper legal help.....

sandeep (nil)     05 May 2010

Thanks for the help Mr Anmol. I will not be in a position to pay every month if i pay everything in one instalment does that mean it will be treated as divorce and i will not have to pay anyhting later on, which would mean it would be one time settlement.

Can i ask for a divorce since i am going to settle one time.

Thanks

Devajyoti Barman (Advocate)     07 May 2010

As the provision u/s 125 puts a rider that only those women who can not maintain themselves or there is big gap in their status between them in the eent the wife earns herself the wife can not can not claim maintenance for herself. In your case if you could prove that she is indeed employed and sufficiently to maintain herself you are not liable to give maintenance though you may have to fork out a reasonable amount towards contributory maintentenance of the child.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register