MrDinoMorea (O) 10 March 2015

Can wife ask for maintaneance in high court in divorce case?

I have moved my family court case to the high court after the family court judge unfairly declined my petition for divorce by taking money from my ex. and imposing a huge fine on me.

Is it possible for the ex wife to ask for any monthly maintenance in the high court during pendency of this divorce case that I have filed?

If so, how do I deal with it? Hope I am understood

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17 Replies

Suneet Gupta (www.vashiadvocates.com) 11 March 2015

Yes, you will have to pay maintenance to your wife during pendency of the case in the HC, unless you can show that she is self-supporting.

Dr J C Vashista (Advocate) 11 March 2015

She is entitled for maintenance throughout her life or remarriage, i.e., even after divorce.

Jaya Pathak (Paralegal) 11 March 2015

Husband Legally, Morally Bound to Maintain His Wife: Delhi High Court https://www.newindianexpress.com/nation/Husband-Legally-Morally-Bound-to-Maintain-His-Wife-Delhi-High-Court/2015/03/10/article2707135.ece

Jayesh Deokar (Advocate) 11 March 2015

You are bound to pay until and unless you prove that she is qualified and capable of maintaining herself or till she remarries.

Bombay High court recently ruled that "

Qualified wife can't sit idle and claim maintenance"

And similar views are taken by various High Courts and the Apex Court in many other cases.

SAINATH DEVALLA (LEGAL CONSULTANT) 11 March 2015

U will have to pay maintenance unless she has standard source of income or remarriage

MrDinoMorea (O) 12 March 2015

Can she ask EVEN IF SHE IS QUALIFIED AND CAPABLE OF EARNING? we had no children, only a 5 month marriage

MrDinoMorea (O) 12 March 2015

Originally posted by : Suneet Gupta
	Yes, you will have to pay maintenance to your wife during pendency of the case in the HC, unless you can show that she is self-supporting.

Thank you. Can she ask for it EVEN IF SHE IS QUALIFIED AND CAPABLE OF EARNING? we had no children, only a 5 month marriage

Suneet Gupta (www.vashiadvocates.com) 12 March 2015

If your wife is qualified and capable of earning then she cannot claim maintenance. A recent Bombay High Court order clearly states that if the wife is qualified then she cannot stay at home without working and claim maintenance.

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SAINATH DEVALLA (LEGAL CONSULTANT) 12 March 2015

Yes, I agree with Mr. Suneet Gupta

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T. Kalaiselvan, Advocate (Advocate) 12 March 2015

The judgment referred by learned advocate Mr. Suneet Gupta is of Bandra family court and not of Bombay high court, I may be corrected if I am wrong.

Now to the query: I think the querist has preferred an appeal against the impugned judgement of the trial court, so the appeal has toe challenged for that only and she cannot claim maintenance in high court. If she is looking for maintenance she may have to file a case in the family court alone.

MrDinoMorea (O) 13 March 2015

Originally posted by : T. Kalaiselvan, Advocate
	The judgment referred by learned advocate Mr. Suneet Gupta is of Bandra family court and not of Bombay high court, I may be corrected if I am wrong. Now to the query: I think the querist has preferred an appeal against the impugned judgement of the trial court, so the appeal has toe challenged for that only and she cannot claim maintenance in high court. If she is looking for maintenance she may have to file a case in the family court alone.

@ Mr Kalaiselvan yes sir it is as you say...I have appealed against the impugned judgement in high court. Thank you

MrDinoMorea (O) 13 March 2015

Originally posted by : Suneet Gupta
	If your wife is qualified and capable of earning then she cannot claim maintenance. A recent Bombay High Court order clearly states that if the wife is qualified then she cannot stay at home without working and claim maintenance.

Thank you Mr Suneet