Help to save maintenance

You will have to pay her alimony till the day she remarries.

Alimony will be calculated 1/3rd on take home income.  So you should tell the court your total income minus expenditure such as.. Loans, insurance, medical bills, electricity bills, internet bills, telephone bills, etc and also provide bills to court to the tune of last six months for it to verify.  Finally 1/3rd of take home salary will be decided as alimony.

If you have proof that your wife has applied for govt job etc, such details be made aware to the court along with her educational qualifications etc and also can ask for appointment of Court Commissioner if you want details about her non-movable assets which you are not aware of.

And after taking into consideration what your wifes educational qualification is, what her assets are [non-movable] and your take home income is, then court fix alimony. 

And also state to the court that you are already re-married.

Hello Gaurav.

The objects of Section 125 of CrPC as stated by the Supreme Court in various judgments like D.Velusamy vs D.Patchaiammal, and Vimala (K) vs. Veeraswamy (K) [(1991) 2 SCC 375], are that Section 125 of the Code of 1973 is meant to achieve a social purpose and the object is to prevent vagrancy and destitution. Explaining the meaning of the word `wife' the Court held that the object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. Initially, a misconception existed that a working woman is not entitled to claim maintenance as she is earning and is thus able to maintain herself.

Now, based on the judgments in cases like Bhagwan v. Kamla Devi and Chaturbhuj v. Sita Bai, it is not evident that she can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘unable to maintain herself’ does not require a wife to be absolute destitute before she can apply for maintenance. Also, merely for the reason the woman is qualified, does not dis-entitle her from claiming maintenance under Section 125, CrPC, as it was held by the Kerela High Court in the Muraleedharan vs Vijayalakshmi case (II (2006) DMC 613, 2006 (3) KLT 635). In this case the judges stated that ''the plight and the situation of even the educated half of the Indian polity show clearly that the qualification by itself cannot be held to be synonymous with ability to maintain themselves. Many a qualified housewife after marriage relegates herself to the kitchen and the home front looking after children.” However, in cases where the wife claims maintenance under Section 125, she must positively aver in her petition that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her. Usually, the Courts on granting interim maintenance, takes into consideration the condition of both parties.

Hence, you may raise the plea of your income as well as the qualification and working status of your wife. Though this will not entirely shield you from paying her maintenance, it may nevertheless be helpful in determining the amount to be paid as interim maintenance.

–Regards,

Advocate Pooja

www.lawkonect.com

As per law, an indigent divorced wife is entitled to maintenance u/s. 125 cr.p.c. till she remarries.  If she is unemployed, you will have to pay maintenance.  There are a few cases where divorce is granted to husband on the ground of wife's desertion without reasonable cause, such husband has absolved from the liability of paying maintenance.  But they are rare.  As you have already a full fledged family, the court will take into consideration of your and your family's expenses out of your income and quantify a reasonable amount for her to survive.  If she is in employment at present, you prove that fact to escape such liability.