Deepak 17 September 2019

Interim maintenance -wife is staying away since last 6 year

HI All,

I am fighting divorce case from kanpur, my wife staying at her parents place from last 6 year. She did not file any case against me or my family till now. Recently i have filed divorce case and in response to that she filed interim maintenace application. In that she put usual allegation against me and my family. I have to file reply to their application/allegations. Can someone help me with below questions.

1. Am i liable to pay interim maintenace as she is living with her parents since last 6 years.

2.Is there any HC judgement which can help me in avoiding maintenace based on the fact that she is living away since last 6 year and there she is maintaing till now.

3. what are the points should i mention on my reply?

Thanks in advance.

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 17 September 2019

Take services of local Advocate, you have strong ground of denying maintenance.

Real Soul.... (LEGAL) 17 September 2019

It is better you consult some advocate,just her living with parants does not dis-entitle her from demand of menaitenance.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 September 2019

The Section 125 of the code confers power on a magistrate to direct a person having sufficient means but who neglects or refuses to maintain:

His wife, unable to maintain herself; or,
His legitimate or illegitimate minor child, whether married or not, unable to maintain itself; or,
His legal or illegitimate child (should not be a married daughter) who did attain majority, and where such child is because of any physical or mental abnormality or injury is not being able to maintain itself; or,
His father or mother, unable to maintain himself or herself, upon proof of such neglect or refusal, to pay a monthly allowance for the maintenance of his wife or such child, father or mother, as the case may be, at such monthly rate not exceeding five hundred rupees in the whole as such Magistrate thinks fit. Such allowance shall be payable from the date of the order, or, if so ordered from the date of the application for maintenance.