How much maintenance to previously working wife

it doesnt matter if she was launching a rocket to the moon previously, if she is not working presently, then you have to pay her maintainence, but yes, the quantum might be lower taking into consideration the evidence submitted by your side...............................

Women with income entitled to maintenance: SC

In a judgment that gives a wider interpretation to the country's maintenance laws, India's highest court has ruled that a woman who has been deserted or divorced can claim maintenance from her husband in spite of her efforts to earn a monthly income, if the money is not enough to provide for the lifestyle she enjoyed before their separation

The Supreme Court of India has ruled that a woman is entitled to claim maintenance from her husband if her independent income or earnings as a single woman are insufficient to maintain the standard of living she was accustomed to whilst living with her husband.

A two-judge bench of the apex court, in a judgment passed late last month, said that a deserted wife or divorced woman need not be reduced to a destitute state before filing for maintenance for herself and her children under Section 125 of the Criminal Procedure Code (CrPC).

The order, passed by Justices Arijit Pasayat and Aftab Alam, that should have a significant impact on the rights of married women, gave wider interpretation to the phrase "unable to maintain herself" and said: "...it would mean the means available to the deserted wife while she was living with her husband and not the efforts made by her after the desertion". The expression, the judges added, does not imply that the wife should be destitute before she can apply for maintenance.

The bench gave the ruling whilst upholding a Madhya Pradesh High Court ruling endorsing a lower court's verdict ordering a former state government official to pay Rs 1,500 a month to his former wife to meet her living expenses.

"The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband," said Justices Arijit Pasayat and Aftab Alam. "In an illustrative case where [a] wife was surviving by begging, it would not amount to her ability to maintain herself. It can also not be said that the wife has been capable of earning but she was not making an effort to earn. Whether the deserted wife was unable to maintain herself or not has to be decided on the basis of the material placed on record," the bench said.

Writing the judgment, Justice Pasayat pointed out that the wife should be in a position to maintain a standard of living which was neither luxurious nor penurious but what was consistent with the status of a family. The bench said: "The expression 'unable to maintain herself' (in Section 125 of the CrPC) does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 of the CrPC."

The bench added that it was of the view that the section envisaged a speedy remedy for the provision of food, clothes and shelter to the deserted wife.

It said: "The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support."

"Under the law, the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. Second, there is an inseparable condition which has to be satisfied, that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife."

In order to claim the benefit of not paying maintenance, the husband (who has deserted or divorced his wife) must prove that the wife earned enough to lead a lifestyle similar to the one she led whilst living with her husband, the court said.

The Supreme Court added that there was a social purpose behind Section 125 of the Criminal Procedure Code, which entitles a divorced wife, minor children or old parents to claim maintenance from a husband, father or earning son, respectively. "Section 125 of the CrPC is a measure of social justice and is specially enacted to protect women and children. It gives effect to the fundamental rights and natural duties of a man to provide maintenance to his wife, children and parents when they are unable to maintain themselves," the bench said. "It is meant to achieve a social purpose."

A trial court in Neemach in Madhya Pradesh had ordered the state's former agricultural director Chaturbhuj to pay maintenance to his former wife Sita Bai whom he had divorced, dismissing his plea that she had an independent source of income from the rent of the house that he had built for himself but had been "grabbed" by her.

Chaturbhuj's revision petition against the order was rejected by a sessions court and later the Indore bench of the Madhya Pradesh High Court. The present appeal in the Supreme Court was directed against this order. Chaturbhuj sought to quash the order contending that he need not pay any maintenance amount as his wife was in a position to maintain herself with her earnings

I have been married for two years. It was love. Alas! I don't find anything left now.

However, my wife has only grown to be stubborn and extremely abusive (I have proof in form of recordings). She is extremely intolerant towards my parents and want to settle elsewhere. My father is a glaucoma patient and my mother is old too and has rheumatic heart. I am their only son and hope to look after.

She works in a  pvt firm and still she exploits me for money and abuses my parents too. When I asked her o say sorry to my mother because she has hurled expletives towards her, she left the house and went to her mothers. Now she wants me to leave my mother and father and stay alone with her which is next to impossible for me.

I want to file for divorce and was opting for mutual. But she wants to play dirty and have threatened me and my family to file 498 and frame false case. Please suggest what to do? I belong to a very simple family and i have no clue as to what can be done . I already consulted a lawyer but to no avail. Please suggest what to do and how can i save myself and family, my career and get rd of her once and for all. She has caused my family and me enough trouble. Please help anyone.

 

 

You can file a divorce case under the ground "cruelty".  But It is upto you on  the basis of evidece to prove cruelty to satisfy the court for getting 'rid of her'. 

Thanks for the advice... so if i understand you correctly, i will still be arrested for 498 filed against me... A friend of mine tells me that 498 automatic arrests have been asked by the Supreme Court to be stopped and a detailed investigation needs to be there for arrest to take place.. Is this something that should benefit me ? Has it been enforced yet? Also, she threatened me even last day that she will go to the police to file diary against me that I had beaten her although that has never happened. She was the one who had pushed me quite hard in her residence in front of her elder sister. I didn't do anything. How to fight that? Can i run to the police station and file a security diary or something ?? Please advise further. Also, if anyone knows can they suggest a good divorce lawyer in Kolkata? Please help.

dear mr shravanji,

 

pls quote SC citation details on maintenance that would be helpful to Bhim i think

It is not relevant to quote one supreme court judgment to understand what order will be passed. You will find many judgments which will contradict this judgement.

The best way to contest this case is to present your case after reading the previous order passed by the same magistrate on previous occasions under similar cases. Once you know the mindset of the magistrate, contest the case and quote recent supreme court and high court judgement which favours you to support your stand.

You can show the magistrate that she was earning earlier and she is sitting at home as a matter of choice and there are judgements where maintenance has been denied in such cases.

You can also show your liabilities towards maintaining your home and your liabilities towards your old parents/ unmarried sister/ medical expenses etc.

 

If you contest the case properly, there are all chances that you will have to give no/ minimal maintenance.

 

You can find these kinds of judgements if you research on internet.

interim and permanent alimony
wife filed for divorce after 3 years she earns 60k and i earn 400k p.a., marriage 2 months old, no kids, she is qualified as a doctor but deliberately not practicing, she wants 25000 interim and 10 lacs permanent alimony. indian divorce act applies, how much do you think she can get
 

how is interim and permanent alimony calculated approxitely, with the figures mentioned above.

If she is not practicing how is she getting 60 K?  Whether it is per month  or per year.  If she is earning 60 K per month and you are earning 33 K per month (4 lacs per year), then you need not to pay any maintenance.  If she is earning 60 K per year, then you have to pay about 5 thousand per month.  Being a doctor and if she is not practicing goes against her and in your favour.

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ATTN PLS, am sending my testimony to everyone out there, that is either in my shoe or needs help one way or the other. My names is Henrietta, and i want to share with you all about my relationship breakup back then, which almost lead me to frustration and unhappy life experience. I was married to my ex divorced Husband 2 year and 11 months ago. My husband, I and and our pretty kid was happily living in peace and harmony. But, few months ago my Husband started acting strange to me. Unknown to me, he has been engaging him self online with another woman, which he was keeping from me as a secret. But few weeks ago, i caught him on our computer, mailing this woman. And, when i asked him who she was, he told me that, she was just a friend. The message conversation caught my attention and i decided to go through it. To my surprise, my husband have been dating this woman on my behalf for some period of time. Immediately, after i noticed that, i began to quarrel with him and all he could told me, was that he never loved me, that we should go for a divorce. I thought he was saying it from anger due to the situation at hand as at that moment. Because of the love i had for him, i never wanted to support it, although it happened, i still did not give up on him. I was looking for solution to get him back home. so i went in search on how i can get back my husband. Well, along my search, i saw a testimony of a woman on how Prophet Irabor was able to restore back her marriage home. Immediately, i copied the email address and decided to give a try. After following all the procedures and instructions given to me by Prophet Irabor, within the space of 2 days, my husband gave me a call and started begging me that he was sorry for what has happened between us. And because i love him so much, i quickly responded to him that i have forgiven him and told him to come back home. Me and my husband are now living happy married life again. All respect and honour to you Prophet Irabor, for the Help you have render to me and my family. Sir, i pray God Strengthen you...If you need his help, you can email him on (prophetiraborcharles@hotmail.com)