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Aaditya   17 May 2016

Maintenance/intrim maintenance

Dear friends,

My wife is a graduate from Delhi university and she has told me at the time of marriage fix that she has done an one year computer professional course with a Beauty parler course.But she doest not give any concered documents even I demanded it.

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Even previously I have told my wife to do B.Ed. but she has refused it. She is not caring not want to do study or a JOB and still force me that I do not  lookafter my parents just becasue my father is a government employee.But they have only three year of job and still I have a younger brother who is doing B.tech and a old grand mother.

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I am a sofware engineer and ready to keep my wife with me separate from my parents on her demand.But still she and her mother threatening me to go court and apply for maintenance.

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If I am ready to keep my wife as per her demand and accepeted it in writting in CAW cell against her fake complaints, then would I be eligible to give maintenace even she has left me in case of when I got  a fracture in my shoulder.

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Even I know lots of women and girl who are illetrate but still they are doing job and earn money.

Thanx



Learning

 7 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     17 May 2016

There is basis misunderstanding of the words ELIGIBLE with regard to maintenance and marriage, which you are facing.  Each woman who is married is by default eligible to get maintenance, once she leaves the company of the husband.  Here your eligibility does not count on part to pay maitenace to her.  Sadly there are no eligiblity criteria imposed by Law on husband.  But if she leaves you and files maintenance case on you, you have two options, either pay or not pay, not paying will make you eligible to go to jail.

 

I hope your confusion regarding eligiblity is cleared now.

1 Like

Be Brave   17 May 2016

In my opinion, eligibility to claim maintenance does not automatically mean that maintenance shall be awarded.  The court will consider applicable legal provisions and various other factors including professional skills and educational qualification of the wife to decide if maintenance should be awarded or not.  The recent judgments of various courts from several jurisdictions indicate that the courts are less inclined to award maintenance to a qualified wife who could support herself.  There are several judgments posted by members on this forum which could be useful to you. 

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     19 May 2016

Please don't worry maintenance is not a right. It is given on dying circumstances and you better take care of yourself, brother and parents. For any legal lassistance feel free to call 9711787139


(Guest)

No reason to stay in marriage simply to avoid maintenance. Usually low maintenance is awarded in cases where girl is professionally qualified and without children. Even getting maintenance award takes a very long time and lots of running in courts. You can play delay tactics to avoid paying. Pay few months and stop and let her get another order from court etc. Eventually she will tire out and realize that she is destroying her own life in court cases. Stay in marriage only for love, companionship, support and mutual connection. Never stay with any woman out of fear of court cases.

A walk alone (-)     20 May 2016

In fear of maintenance and court case why you want to drag a relationship? Is it a good relationship in which you have to leave your parents. Never . You are just dragging a dead relationship in fear. You are spoiling your life own life . No relationship survive in fear. Be bold if she file any case its India nothing she will get except dates . Getting maintenance is also not easy. She will only ruin her own life in filling any case. Always remember one thing live or love person who wants to live with you with your parents. Never live with a person who dnt respect you or your parents

SuperHero (Manager)     20 May 2016

In today's world...Especially Girls at there own house, they will do lot of work because they think they are doing for there own family members, but the moment it comes to in laws, they think they are doing a big favor. Please don't fear about maintenance case.. Give Respect and Take Respect...

Aaditya   31 May 2016

Thanx Dear Friends,

My wife has been filled a maintenance case but I did not received any notice.I dont want to give her any amount as maintenance because I am ready to keep her with me saparate from my parents.

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For this I have tried to take a house on rent saperate from my parents.But she has refused to live in that house with me ,which she and her parents had look to stay.She is telling lie to CAW cell counseller that she would not live in that house because I have some friends in  there area.

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She wants to stay in delhi but My company is in greater noida so I could stay there.Firstly she accepeted this with CAW cell counseller but now she(my wife) and CAW cell counseller is saying that I have link over there place.

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My comany persone may live in greater noida and  due to lots of branch of my company in delhi also.

I told that My company persons is staying in Delhi also then how shewould live in Delhi?

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Please suggest how to handle CAW cell and my wife.both are giving me mantle torture.

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If court decided 1/4th of my inhand salary then she will get 15-20 thousand.

I know some of my neighbours (female) who are illetrate but still they are working.Here my wife is litrate but she dont want to do hard work.Her fammily is greedy and they are giving support for this.

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Why should I need to give maintenance to my graduate( delhi univercity).

What happen If I refused courts order regarding this metter.

Thanx

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