Legal Question in Family Law in India

Husband and wife married 3 years ago. Wife is staying with her parents for the last 18 months. Wife was working for 2 years before marriage and 6 months after marriage. But after that she quit her job. She is educated and capable of earning, however she is deliberately not working currently. The husband has filed for divorce 16 months ago on the basis of non consummation and the case is in the witness stage. But the wife has filed a false DV case 6 months ago and is claiming interim maintenance. Is the husband entitled to pay interim maintenance or can he argue and fight stating that she is able bodied, educated and capable of earning and not working just to squeeze money from the husband. I think there is a High Court case on the same lines. Please advice. Her parent�s along with her are interested only in money and in fact have asked for 25 lakhs in during mandatory mediation process in the Divorce case. Also just to ensure they are safe she says she is ready to stay with the husband.
Thank you Mr. Rajiv for your response. I did read your referred website. However I could not find anything on �filing objections to her demand of interim maintenance stating her capacity to earn� in DV or Maintenance topics. Can you please help me by being more specific and if possible provide case laws so that i can fight or argue stating that she is able bodied, educated and capable of earning and is asking for maintenance only to squeeze money.

Asked on 10/06/12, 9:33 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Thanks for going through the concerned topics. The site talks about laws but not the legal issues. For that it is advisable to retain a lawyer who would go through your case file and conduct a thorough legal research and provide you with case laws. All the best.

Answered on 10/06/12, 10:14 am

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