Maintenance under 125 crpc

If wife is well educated and having earning capacity or already earning from her own capacity, then no maintenance can by awarded by courts. But courts see all observations and decide the maintenance.

The amount of payment to be made to applicant wife is discretion of the Court, which is on the basis of information submitted by both of you. Nothing wrong in allowing Rs. 15,000/- out of 41,000/-.

However, if you feel aggrieved by the order passed you may file a revision petition through your lawyer.

Dear Querist

if you want to live with her then file a RCR petition before family court and same should be mentioned in your reply on the petition filed by your wife u/s 125 of Cr.P.C.

as per your salary, the court may pass an order for maintenance of an amount of Rs. 10K-15K..

But sir will RCR not be questioned that why I have not file filed earlier ? Secondly where should I file the same ? in WB or in Delhi where we stayed together ?

First job is -

Submit a strong WS and show that you are jobless and have no income.

Already o/p asked my employer about my salary structure

Pls note that my wife is a graduate & she was in a school before marriage. She used to receive her salary by cheque & i know the account no & branch address

If you are employed privately then change the job and go to another city.

If you wish to fight then file petition of CrPC 91 to submit evidence reason why she is unable to maintain herself. Sample petition is given bellow.

If your wife was employed earlier and she is capable of being employed and sustain her maintenance, she may not be awarded with maintenance amount, however it is again the discretion of court.  There are no parameters to decide about the quantum of maintenance amount to her.  You can challenge her case properly by expressing the factual situation before the court.  RCR is a waste exercise.