Legal Question in Family Law in India
maintenance to a woman
I file Divorce u/s 13(i) at mumbai. In reteliation my wife filed for Maintenance u/s 125CrPC at Gwalior and also a false case u/s 498a.How much a court can grant monthly maintenance to a woman staying at gwalior. she says she has no income despite that she is PhD (economics) and B Ed. i am earning gross 12000 pm. No issue. no other liability.
6 Answers from Attorneys
Re: maintenance to a woman
You must have to prove by documents that she posses sufficient means to maintain herself.
Re: maintenance to a woman
it generally depends upon the conditions of the women and her husband. in your case if she is alone the court may award her 2-4 thousan per month
if she is not working or not having any income source then her education is immaterial
Re: maintenance to a woman
If you have evidence to the effect that she is working or she has left job for this application she wud getting nothing. If she was never working, her education does not help you for maintainence
Re: maintenance to a woman
Well, if there is no issue from marriage; and if she is not earning anything and ur salary is Rs.12,000/-; it is likely that the court may grant her anytything between three to four thousand rupees per month. the amount is variable on her earning or on ur increase/decrease in income.
Re: maintenance to a woman
Filing of divorce case does not mean that she cannot claim or file maintenance . As regard the the filing of case against you u/s498 or 125 CrPC, the same are on different cause of action and are separate proceeding which you have to contest. Highly education is no bar to claim maintenance. You have to defend yourself with proof of working of your wife to counter her claim. And if your wife is not working than she may get the maintenance between Rs.3000/- to Rs. 4000/-. For further query you may contect me or any lawyer.
Re: maintenance to a woman
court can grant any thing between 2 to 4 thousand depending upon how much she proves your income to be