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.


Asked on 5/07/07, 10:09 am

6 Answers from Attorneys

Re: maintenance to a woman

You must have to prove by documents that she posses sufficient means to maintain herself.

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Answered on 5/09/07, 1:11 pm
G. M. Gupta gmguptaandassociates

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

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Answered on 5/07/07, 10:48 am
Vishwa Arya Arya & Co.

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

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Answered on 5/07/07, 12:50 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 5/07/07, 1:41 pm
rajeshwar sharma rajeshwarnathsharma

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.

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Answered on 5/07/07, 10:44 pm
Nandita Haldipur Haldipur Associates

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

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Answered on 5/11/07, 10:27 am


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