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Maintenance case

(Querist) 20 March 2013 This query is : Resolved 
Hi Sir,

My wife has filed a maintenance case against me for maintenance and getting right to stay in matrimonial home as i do not hav any other home.

As she is already working and earning about 45000 do i have to pay maintenance. Can we ask her not to come to our home as she can harass me and my family members.

Kindly advise.

Regards,
Sarab
ajay sethi (Expert) 20 March 2013
you have not mentioned how much you are earning . if wife is earning rs 45,000 court may not direct you to pay her maintenance .

she has right to stay in shared household . if you dont want her to stay be ready ot provide alternative accomodation
Adv k . mahesh (Expert) 20 March 2013
facts are incomplete cannot answer correctly
R.K Nanda (Expert) 20 March 2013
agree with sethi.
V R SHROFF (Expert) 20 March 2013
You need not pay any mtn to her as she earns sufficient to maintain herself. We presumed you earn not more than 45k,

You are liable to provide residence to her, and mtn to children if any.
prabhakar singh (Expert) 20 March 2013
Agree with Mr.Sethi.
Raj Kumar Makkad (Expert) 20 March 2013
Court do take into consideration the evidence brought on file in support of income of both parties and accordingly the wife has also a right to lead life of a same status as her husband is leading so it cannot be opined without having knowledge of your income that she shall not be provided the maintenance.

If you want your wife away from your own house then do provide her the house of same status in any other locality.


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