Is giving maintenance to educated and currently resigned wife compulsory?

Querist : Anonymous (Querist) 23 November 2011 This query is : Resolved
Sir(s),
My wife filed a DV case askign for 70 laks of compensation and 70000 per month maintenance as my salary per month is 1 lakh.
Till she files a DV case she is also a private employee and resigned just for this reason to squeeze me.
I am unable to resign my current job as i have taken a house loan and I have to survive too.

I heard from so many people,cases, judgements that maintenance is mandatory and it depends on the salary of the husband.

Keeping my above briefing in mind
kindly provide your answers on the following:

1. Can't we get rid of this maintenance problem? If so how?

2. She is not at all interested to come back to to live with me, but still, to avoid maintenance problem, Can i try for RCR? Is filing RCR helpful at this stage?

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M.Sheik Mohammed Ali (Expert) 23 November 2011
you can give nature of fact your side to the court, same time you must give maintenance your wife and children

Rajeev Kumar (Expert) 23 November 2011
I agree with expert

Querist : Anonymous (Querist) 23 November 2011
I have clearly asked my 2 questions.
But I didnt understand your reply. Could you please elaborate?

Raj Kumar Makkad (Expert) 23 November 2011
If wife is not capable to maintain herself at the time of moving of application then her husband is legally liable to provide her maintenance.

prabhakar singh (Expert) 24 November 2011
YOU HEARD RIGHTLY THAT MAINTENANCE IS DUTY OF HUSBANDS AND RIGHTS OF WIVES.

YOU CAN AVOID MAINTENANCE ONLY WHEN BY COMPROMISE SHE RELEASES YOU.

YOU CAN ASK HER TO COME BACK AND PLEAD SHE HAS NO REASONABLE EXCUSE TO LIVE APART.RCR MAY ALSO BE FILED.

FOR PREPARATION PURPOSES GIVE A BREAK UP TO YOUR EXPENSES GOING OUT IN ATTENDING THE JOB MAINTAINING FATHER AND MOTHER[IF THEY ARE]OTHER LEGAL DEPENDENTS IF ANY,THEN OUT GOING OF EMI TO ARIVE AT WHAT IS LEFT IN YOUR HAND AND WHAT IS YOUR LIVING COST,IT IS THEREAFTER WHAT LEFT MAY BE CONSIDERED BY COURT AS HER MAINTENANCE.

Devajyoti Barman (Expert) 24 November 2011
Yes you can not avoid maintenance but the amount would not be like what she has demanded.
She can claim maintenance and refused to go back as well.

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