Expert Advice on MAINTAINANCE CASE U/S 125 OF HMA

There is no such section under HMA as S. 125 of HMA written in subject line!

This besides the point I understood you are on learning curve here, hence, in LCI premium public Law Forums we realised that there seems to be some confusion about how to fight maintenance cases by both genders.

Let's take a look at various types of maintenance avoiding to metro wife techniques;

Avoiding techniques

1. Prove to court that wife has left without reasonable cause: Probably would have worked in the past. After passing of PWDVA (DV Act) and more acceptability in judges' minds that 'respectable' wives can live apart from husbands, even if they haven't given any proof of DV yet. It is her allegations against yours, unless you can show conclusive evidence in your favour. Even then if she has no income, then judge will likely pass order for basic maintenance at least.
   
   
   
2. Prove to court her current income: The best case for you is if she is working and earning, it doesn't matter if she is only 10th pass but earns 20000 p.m running a beauty parlour. But if she has professional qualifications, add that masala to your pleadings. Showing passive income will also work, e.g. income from rental property, FD etc.
   
   
   And also refer to link  https://www.paycheck.in/main/salary-checker-1 and self calulate her income even if she claims to sit day dreaming at home that her fairy prince will send regulalrly Money Order and printouts of this website are legal documents as per Indian Evidence Act and this website is even quoted by State Governments.
   
   
   
3. Prove to court her professinal capability and proof of work after marriage: Next best option. To show professional capability, resumes on job sites also work.
   
   
   
4. Prove to court her professinal capability and proof of work before marriage: The case becomes weaker here.
   
   
   
5. Prove to court her professinal capability in case she has never worked: Weaker case for you… you have been had by a metro wife.

Reduction techniques

1. All above techniques mentioned can be used to reduce the maintenance also.
   
   
   Further:
   

Disposable income reduction techniques

1. EMI for home loan etc which will reduce your take home salary or business income etc.
   
   
   
2. If parents are dependent, having them file CrPC 125 on you and paying some money monthly to them for their maintenance. Of course, it has to be executed carefully to ensure there is no collusion between the parties.
   

Good Ideas

1. Having more income, but able to show less take home on salary slip etc
   
   
2. Having hidden income sources, e.g., business/contract/consulting work

Bad Ideas

1. Leaving job: Do you plan to to be jobless forever just to avoid maintenance. A job provides more than just income – experience, social network, and so on. A better way is to have some contract based work if you can manage.
   
   
   
2. Was fired from job, now not trying for new one: How will you explain to judge if they ask have you been trying for job or income? Didn't you read HAMA which says it is duty of Hindu husband to provide for wife? Even if you are sick and tired of Indian laws (or maybe even ashamed to be Indian etc) make sure you read other country's laws before you decide to emigrate there. E.g. Canadian law forces a man to pay child support if the child was born during his marriage even if it is proven by DNA that child was not his, or woman was already pregnant!
   
   
   
3. Will file RCR, or will not file RCR etc: These things don't work anymore. They probably worked in an era when few wives left husbands, and an automatic suspicion was cast on her behavoiur of leaving husband. Use 21st century techniques in 21st century, don't rely on 19th century notions!
   
   

Myths about maintenance

That I have to pay maintenance to wife anyway

Some people trust their ld. lawyers so much or probably think that ld. lawyer cannot have any conflict of interest, that they believe on face value their own ld. lawyer's assertion, that a husband has always to pay maintenance to wife. Your thread post is partialy leanign like Tower of Pisa towards tendency to some extent hence this long gyan mail as your wife is a metro wife.  

Read posts such as

https://www.lawyersclubindia.com/forum/Metro-Bride-minimum-Wages-pre-assumptions-in-Maint-cases-34539.asp

https://www.lawyersclubindia.com/forum/Re-April-Fool-of-Indian-Husbands-amp-ld-Courts-24-x-7-x-365-34530.asp

Be very clear that maintenance is not god-given right of a Indian metro wife. HAMA S. 18 says husband has to support wife but even then wife's income, capability to work instead of ideating at home, assets has to be taken into consideration. HMA S. 24 and S. 25 are gender neutral and either spouse can claim maintenance.

Similarly, DV Act does not say that husband has to pay maintenance simply because wife filed a case against him. She has to prove domestic violence.

Credits: Yodha and Dr. SIF ! J