Maintenance / alimony for working wife

Vijay Kumar (Querist) 08 April 2014 This query is : Resolved

Hi All,

We got married 3 years ago and were together for one month and she has left me and staying with her parents. We do not have any kids.

Before to marriage and till now she was working and more qualified than me.

She lodged 498A and DVC case against me and my parents. because of these cases and frequent visits to court , I lost my private company job. My ill parents are dependent on me.

Here are my questions :

1. Do i need to pay her the maintenance / alimony ?

2. In case if i am not able to get a decent job for my maintenance , Can i ask for maintenance from her ?

3. 498A case verdict is going to be in my favour with all materialistic evidences, In this regard if i file divorce now or after the verdict do i need to pay any alimony / maintenance ?

4. After court divorce and alimony decree , if i go for abroad job . Can she file revision petition for more alimony ?

Thanks in advance.

Follow Query

Report Abuse

ajay sethi (Expert) 08 April 2014
1) if your wife is earning more than you then you dont have to pay her maintenance .

2) you can seek maintenance if you are unemployed
3) file for divorce after verdict in 498A case . if false case is filed it is ground for divorce

4) if there are change in circumstances your wife can seek maintenance .

Devajyoti Barman (Expert) 08 April 2014
1. yes if you can not prove her employment or income.
2. Yes under matrimonial proceeding like divorce suit or suit for RCR.
3. You can divorce at any point of time. FILING OF DIVORCE SUIT HAS NO BEARING ON THE MERIT OF THE 498A CASE.
4.Yes, she can.