Wife claiming maintenance

Maintenance flows from the concept of marriage. The question of maintenance is not dependent upon the divorce proceedings. Even before the case of divorce is filed, Indian Law provides the right to claim maintenance through the medium of the Court.

If we look at the entire gamut of Indian matrimonial law, we will find that the provisions for maintenance are available in following statues in case of Hindu Marriage:

• Section 125 Criminal Procedure Code( Cr.P.C.)
• Section 20 of Protection of women from Domestic Violence
• Section 18 of Hindu Adoption and Maintenance Act
• Section 24 of Hindu Marriage Act
• Section 25 of Hindu Marriage Act

A general conjoint reading of the aforesaid provision makes it amply clear that the objective of law is to providemaintenance to the Spouse who does not have sufficient means to maintain himself/herself by the one who has capacity and means to provide maintenance

what can be a maintenance amount under section 12 1a and 1c of impotence and she has no child.

read the all sections as mentioned above expert.

can she prove your income?

if not then don't submit your payslip or any other income related document as the onus of proving your income means is on your wife. in want of any document to ascertain your income you will get minimum amount as maintenance

also mention in your answer if she has any income and try to collect evidence for it

hello,

you and other party will be asked by the court to file an affidavit stating all the sources of income and expenditure.

maintenance will be provided as per affidavit.

regards-

rahul.gogreen@gmail.com

Still what can be a interim maintenance or maintenance amount in this case. Also how to avoid interim maintenance.

interim maintenance will be decided as per affidavit.

do u got any proof that your wife is working ?

there is offer letter which shows her take home salary and her designation. wife stayed with husband for less than 6 months only. now she has quit job. She even has total experience in finance and legal of 5-6 years.

If it is annulment case, for her it is difficult to get maintenance.  Interim maintenance can be awarded during the pendency of the petition.  In the case of S.125 Cr.P.C. and S.18 HAMA, very a few cases are there to give maintenance to the petitioner wife when the marriage was annuled.