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. The husband has filed for divorce 16 months ago on the basis of non consumation 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 manitenance 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 advise. Her parents alongwith 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.
1 Answer from Attorneys
You can file objections to her demand of interim maintenance stating her capacity to earn. You may read more on DV and maintenance on my website www.karvai.in.