Bittu (sr. software engineer) 20 August 2012

Maintenance

I have married on 2005, this was arranged marriage. My father-in-law is very rich man, and my wife is his only one child. On July 2007 my wife left my house. So many times I went to father-in-law’s house to return my wife, but she never come.

After 3 and half years separation, on December 2010, I have filed Divorce under section 13A.

Now she filed Interim(26) and 125 against me.

My monthly salary 40 K.

My Liabilities are (which are not ignorable)

Treatment for my parent – 2600 per month
Med claim for myself – 1200 per month
LIC - 4000 per month
EMI for House Loan - 12000

So total liabilities Rs. 19800.

Can I get any relief for the above amount, which is not ignorable for me?

My qualification and my wife’s qualification is same and both are holding Master degree. If she want, easily she can get a good job. As per my knowledge, she is not doing any job currently.

We don’t have any child.

My question is, give me some idea that how much I have to pay as Interim and Final maintenance for her?

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3 Replies

Anish Thakur 7018812737 (advocate) 20 August 2012

dear querist,

there is no relaxation for maintenance under your duties and expenditures for your duties and responsibilities,its wholly depends upon the court and its power for grant of maintenance ,and if you have 40k monthly income i expect and idea that you even can get order for give maintenace of 20k rest dependes upon the court,still you can file petition under your constitutional rights and take advantage of hook and crook loop holes of law.

Saurabh..V (Law Consultant) 21 August 2012

@Bittu

I would like to inform you that in my view all these responsibilities are inevitabel and shall be considered while granting any maintenance to your wife. You would "certainly" be awarded relief if you can provide documents which would show that these are the expenditures you are incurring since over 6months even before you filed for divorce.

Above all, you have to understand the gist of maintenance. The Indian society is throughly misguided and ill-informed about this aspect of matrimonial bi-product. Maintenance is not a right of the wife but duty of the husband. This is very clear from the S.125CrPC. Hence only because she is your wife does not entitle her for maintenance. She should behave like a wife and support you in your matrimonial setup to gain the benefits of maintenance.

As is clealry apparent from your words that she left her matrimonial house on her own and did not returned even after your constant pursuation. It is not your fault that she left you and denied you the conjugal rights. So in my view she is not entitled for maintenance at all. Seperation for 3yrs without a single incidence of living together or resumption of conjugal rights is evident to show that she is not interested in matrimony. This further makes your case more strong.

If you live in Delhi I can suggest you a good lawyer who would pull you out of this situation easily.

//peace

/Saurabh..V

Saurabh..V (Law Consultant) 21 August 2012

@Anish Thakur

I strongly oppose your advice as it is highly in contradiction to the settled laws and to the natural justice.

How would you react if a girl leaves her husband without any reason and do not return for 3yr and deny the conjugal rights of the husband? Conjugal rights are scared and can be the sole basis of divorce.

//peace

/Saurabh..V