How to take stay for interim maintenance & other queries.

 TIPS ON MAINTENANCE

Along all other factors that weigh us down in 498a/ DV etc. One thing in particular is worrisome. That is paying maintenance to the lovely 498a wife. It is not that I am against the maintenance of wife in any manner. I am against the practise of these women first bleed us slowly and then use our hard-earned money against us by paying to their lawyers and by filing new cases everyday. I have personally known a couple of lawyers, who charge 50% of maintenance amount and do not charge anything else for fighting the case from the girl side. Here are my two bits on how you can reduce the burden, pay no maintenance. I am sure your counsels are intelligent people but no harm in being fore-armed with some judgements and knowledge.

First whether its CrPC 125 or 24HMA, the factors considered for grant of maintenance broadly are following:

1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents.

One factor diffirentiates in CrPC125 and 24HMA. Most of the High Courts have rulings which states that if the wife is earning/ has a permanant source of livelihood, she is not entitled for maintenance under CrPC 125. Whereas in 24HMA she can still claim maintenance, because this section empowers her to stay in the same kind of comfort/ life-style, which she was living in her matrimonial home.

Based on the above factors, the following needs to be done in preparing the reply:

1. Prove wife is earning. NO MAINTENANCE (Tons of Authorities on the same)
2. If wife is not earning, prove that the petitioner is capable of earning and thus there is no need for her to claim maintenance. NO MAINTENANCE (The same has been held in many cases, Punjab and Haryana High Court and few other high courts have given rulings that the petitioner is highly qualified and hence she does not deserve any maintenance.)
3. If you have filed RCR, then maintain that you are willing to maintain the wife in her matrimonial home and hence there is no need to pay her maintenance. As any maintenance paid would make your efforts of a successful married life fail. LESS MAINTENANCE IS AWARDED IN SUCH CIRCUMSTANCES. (Though there is no authority on the same issue known to me, but if there has been a decree on RCR, then wife cannot claim maintenance, the same has been held in many cases)
4. Recently there was a judgment by Mumbai High Court stating that a wife who can not prove cruelity does not deserve maintenance. The judgment is available at:
https://www.498a.org/contents/judgements ... N22602.pdf
5. Show your liabilities in terms of Debts/ Parents/ Dependent siblings. LESS MAINTENANCE.
6. Show any special needs of your parents.
7. LAST BUT NOT THE LEAST. IF THE WIFE HAS CONCEALED ANY INFORMATION, LIKE ANY KIND OF INCOME (NO MATTER HOW INSIGNIFICANT), HER PREVIOUS WORK EXPERIENCE (EVEN BEFORE MARRIAGE). USE THE SAME AGAINST HER BY STATING THAT THE PETITIONER HAS NOT COME WITH CLEAN HANDS. THIS WORKS. THERE ARE MANY AUTHORTIES ON THE SAME ISSUE WHERE MAINTENANCE WAS DENIED ON CONCEALMENT OF VERY INSIGNIFICANT FACTS. 

And the acts empower you to move revision petition/ review petition against any orders passed against you or whenever there are change in circumstances, like wife has started working, the custody order is in your favor. Your parents need additional care due to illness etc.