Nri husband wife working in india maintenance

Hello mam this is Balachander Reddy Advocate from HYD, do consult with all material documents for legal opinion.

Regards,

Balachander Reddy, Advocate

Mobile# 9959850723

i have 2 valid legal questions. Why is that a problem now? Can i not have 2 irrelavant but valid Qs? When it is bad time for you, you may get into multiple problems at same time!

you have not mentioned under which section you are seeking interim relief. Maintenance is for those who are unable to maintain themselves. Various courts have held that a well qualified and working wife is not eligible for maintenance. since you're earning decent amount you can maintain yourself; courts might not grant maintenance. it also depends on how your husband chooses to fight the case.  

Maintenance depends on many factors. No hard and fast rules. At the end common sense prevails usually. I have recently heard about a case in Hyd court where wife asked for 2lacs per month showing various bank deposits and businesses that husband have. But the deposits were expired and she could not prove profits on businesses. So in the end she got 8K per month (not 2lacs!!).

So don't get greedy. Whether you have a "good" lawyer or not, if you are greedy, in the end your effort will be far more than your results you (might) earn.

Originally posted by : swetharani
	when wife is working in a good company and earning atleast 30-40k INR monthly. husband nri and earning around 4000$ monthly. what chance does wife have to get interim maintenance in hyderabad court? does husband have to prove wife's job/salary? if he isnt able to do so, can wife still hope for interim maintenance? wife has a very good lawyer.

It is well established principal that working wife is not entitled for maintenance.

Whilst it is true that there are several judgements which state that an working woman cannot sit idle to harass her husband, it is pertinent to consider if what she is earning is sufficient for her day-to-day maintenance.  For that, consideration has to be had to the status of the parties, their standard of living, the number of dependents etc. 

Wife has to come to Court with clean hands.  Has she not mentioned if and how much she is earning? If she hasnt, you can bring the details to the knowledge of the Court to prejudice the mind of the Court against your wife. 

Decision by court of law is pleasure of court of law.

You may place your point of view before court of law.

The court can ask the employer to submit the employment and earnings from employment in court.

You can also attempt and get the details by your own efforts. 

No fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or  affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony.

-excerpts from Vinny Parmar vs. Paramvir Parmar

I hope this helps. 

can u give reference of this case. 

One reference is already given.

Download and read and understand.

For other references in similar cases , search per facts and details of your matter.