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amol   07 February 2025

Maintenance or alimony

My wife left me with my daughter in 2021 and even after many meetings with her and her family members by me and my family members she didn't respond positively and also prohibited me and my family from visiting my daughter. After so many failed efforts, I sent her notice for restitution of conjugal rights. She replied to my notice with most of the false allegations. 

I am 40 years old and working in a company with 40k per month salary and she's 35 years old and working with around 20k per month income. 

Me and my brother jointly own a house built by my father. I live with my parents at this house. 

My questions are:

My wife is earning a decent income, she left the house herself and didn't come back even after so many meetings and persuasion. She has also not allowed us to meet my daughter which created a huge mental trauma.

Is she still entitled for maintenance or alimony?



 2 Replies

saquib (Advocate)     07 February 2025

Yes she can and is entitled for maintenance. As our legal system is based on male hierarchy it's the duty obligation casted on husband to maintain his wife and children.

However if it's proved that the wife has willfully deserted husband then she can not claim maintenance u/s 125 CRPC.

But in Domestic Violence Act the provision are more beneficial for women as it deals with the maintenance as per status of husband.

In recent judgement Kerala High Court ruled out that inspite of Temporary job the wife is entitled for maintenance.

However the income of permanant job will be considered by the court at time of finalizing the maintenance.

You have to bring evidence on record in the maintenance proceedings.

With regard to meeting with child you can file application in the court for the same.

Real Soul.... (LEGAL)     07 February 2025

If you can prove that your wife have enough to maintain herself then you have not to pay any maintenance for her, but for your daughter you have to pay  the mainetenace


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