Maintenance

dear querist,

there is no relaxation for maintenance under your duties and expenditures for your duties and responsibilities,its wholly depends upon the court and its power for grant of maintenance ,and if you have 40k monthly income i expect and idea that you even can get order for give maintenace of 20k rest dependes upon the court,still you can file petition under your constitutional rights and take advantage of hook and crook loop holes of law.

@Bittu

I would like to inform you that in my view all these responsibilities are inevitabel and shall be considered while granting any maintenance to your wife. You would "certainly" be awarded relief if you can provide documents which would show that these are the expenditures you are incurring since over 6months even before you filed for divorce.

Above all, you have to understand the gist of maintenance. The Indian society is throughly misguided and ill-informed about this aspect of matrimonial bi-product. Maintenance is not a right of the wife but duty of the husband. This is very clear from the S.125CrPC. Hence only because she is your wife does not entitle her for maintenance. She should behave like a wife and support you in your matrimonial setup to gain the benefits of maintenance.

As is clealry apparent from your words that she left her matrimonial house on her own and did not returned even after your constant pursuation. It is not your fault that she left you and denied you the conjugal rights. So in my view she is not entitled for maintenance at all. Seperation for 3yrs without a single incidence of living together or resumption of conjugal rights is evident to show that she is not interested in matrimony. This further makes your case more strong.

If you live in Delhi I can suggest you a good lawyer who would pull you out of this situation easily.

//peace

/Saurabh..V

@Anish Thakur

I strongly oppose your advice as it is highly in contradiction to the settled laws and to the natural justice.

How would you react if a girl leaves her husband without any reason and do not return for 3yr and deny the conjugal rights of the husband? Conjugal rights are scared and can be the sole basis of divorce.

//peace

/Saurabh..V