How to get the maintenance case rejected?

bail cancelation  is almost impossible.

bail cancelation is tuff then bail grant, until some public interest involve..

work before is ground for rejection,  see order of karnataka high court

ORDER

Manjunath, J.

1. Petitioner is the wife of the respondent. Both of them are Doctors by qualification. The respondent is working as a Medical officer in a Government Hospital. The respondent has filed a divorce petition in MC. No. 57/2001 on the file of the Family Court at Mysore. In the said proceedings, the petitioner filed an application under Section 24 of the Hindu Marriage Act claiming an interim maintenance of Rs. 5,000/ per month and litigation expenses of Rs. 50,000/-. The said application is dismissed by the Trial Court on the ground that the petitioner is also attending as a Doctor in "Hariharan Clinic", which according to the respondent is a very famous clinic in Chennai. This order is called in question in this writ petition.

2. According to the learned Counsel for the petitioner, the name of the petitioner appears on the board of Hariharan Clinic as one of the consulting Doctors and the said name appears along with her brother prior to marriage and even though she is not practicing as a Doctor, her name on the board continuous and therefore, petitioner is entitled for a separate maintenance.

3. Admittedly, petitioner is residing with her parents at Chennai and whose brother is also a doctor. When the petitioner was practicing prior to marriage, when her name continuous on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a Doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earning, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earning and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such persons. Accordingly, this petition has to be rejected.

4. At this stage, learned Counsel for the petitioner submits that out of the Wed-lock parties have got a minor daughter who is studying in school. When the parties are having a daughter out of their wedlock, it is the responsibility of the father to maintain the child. Admittedly, the respondent is working as a Medical Officer at Chamarajanagar, considering his salary and the fact that he has to maintain his aged parents, this Court directs the respondent herein to pay a sum of Rs. 2,500/- per month from the date of filing of this petition before this Court to maintain the child. Accordingly, the petition is disposed of.

your questions :-

1) Wife has done 2-3 job before marriage. I know her employers. 

Ans : Do you know her present employer.  You were advised by Mr Bharat Chugh at https://www.lawyersclubindia.com/forum/How-to-prove-that-your-wife-is-currently-working--69980.asp#.UKug-WfRDWM. Ffollow it.

Yes yes..... freee advise is also useful if understood.   or elese pay an advocate and get his advise.

2) Wife is more educated than me ( I am B.Sc, she is M.Tech Computers)

Ans : So what. Is maintenance teanable only agaisnt those who are more educated.

3) 3 years ago she left our house and now after 3 years she is asking for maintenance.

Ans : She is asking for today'smaintenance or arrears.

4) She has hired advocate in High court to get my AB cancelled. That means she has money to hire High court lawyers.

Ans : maintenance includes cost of litgation also.  You can be called upon to reimburse charges of such advocates. She is perhps sparing you of the misery.

another query at https://www.lawyersclubindia.com/forum/details.asp?mod_id=70127&offset=1

Thanks Sudhir for your comments. 

Regarding your query, "You can be called upon to reimburse charges of such advocates." I do not understand why should I pay her for the cases that she has filed on me? I did not file any case on her. What sort of stupid system is this? It is just like giving money to an assasin so that he can buy a gun and can then kill you? LOL. Also thank you for providing URLs of my other posts. I seemed to have lost these URLs. 

Wife is qualified and the case law is perfect for your matter you can use it for rejection of her maintenance

dear madam,

with reference to your earlier reply, want to know that are lawyer fees paid by opposite party for maintaince case under sec 125 also to be paid, or only litigation charges are to be paid, and how much are litigation charges basically (just an approx figure) which can be anticipated. 

my wife has filed sec 125 after RCR case on me:

even she is educated more than me (She is mcom and perusing mba)

i am bcom

she has claimed in her petition that she is not working and not able to work

she has worked in a pvt school before, but i dont have any proof of that to show in court.

RCR and sec 125 is filed in different state, hence how can i prove in that court that she was working here, when she was with me, at present she is at her mothers place in other state.

Pls help!! will be grateful to you

thanks in advance