Hi, me and my wife are married for 7 and half years and we have a 4+ years daughter. We're living in our own flat which we bought 3 years ago. My 85+ years father is also staying with us. My wife has always been a house wife. So the house runs on my salary and partly on my father pension. I directly and indirectly pay all the bills including the cost the education for my daughter. My wife without my knowledge has gone and filed a case for CrPC 125 claiming maintenance allowance using a number of false allegation against me and my father. I would like to know what is my trying to do as I'm already maintaining her and my only daughter. Also what is her chance of success in claiming a maintenance allowance under the existing condition. I just received show cause 1 day ago.
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You can file your objections to her averments and deny the false allegations made by her in the maintenance petition.
You can make a mention about taking care of entire household including her own maintenance
You may have to challenge her allegations by participating properly in the maintenance case
Thank you for your reply. Is there a guideline that decides the allowance amount?
30% net worth of your salary per month will be allowed to her.
Hello,
You have to prove that there has been no “neglect or refusal” on your part to maintain your wife in order to succeed. Whether you are able to do so will depend on the full facts of your case and evidence you produce to establish them. To the extent it is feasible, you’d do well to provide the court with proof of money spent on your wife. I know it isn’t always possible to keep track of such expenses.
The Supreme Court in a recent case remarked that maintenance equal to 25 percent of husband’s net salary is generally just and proper. However, the Court was clear it wasn’t laying down a hard and fast rule. It was quick to note that maintenance depends “on the factual situation of the case and the court would be justified in moulding the claim for maintenance passed on various factors.” The case is Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy (Civil Appeal no.5369 of 2017).
In the facts of your case, please impress upon the court that you also have your father to look after. That must entail an added expense. You must highlight your status as the lone bread winner who has is responsible for maintaining the whole family. And you are entitled to maintain yourself as well.
Hope that answers your question.
In your reply take the plea that you are already maintaining your wife as she is residing with you
deny alll the false allegations made by your wife
Generally courts award one fourth of your net income as maintenance
What is the status of your daughter? Is she living with you?
If the wife and child is residing with husband and he is ready to maintain them they are not entitled to seek any maintenance. Only if they are separate from husband they can seek maintenance.
There's no yardstick to measure the quantum of maintenance amount.
It will be decided on the proven income to the extent of 25% of take home income.
You can seek maintenance through 125 crpc, Domestic violence application and maintenance application at family court
- If she is residing with you under same roof and you are taking care of her , then she cannot claim any maintenance from you
- Hence, after receiving the summons of her case , you have to file reply of the same , and mention that she is residing with you and hence you are not entitled to pay any maintenance to her.
- Further , you can also mention that you have burden of your parents and other expenditure as well
- Generally court granted maintenance one fourth of the net income of the husbands.
Dear client I am sorry to hear that but in this case you may proof the fact that you are paying maintenance to her and your daughter
Since you are earning, and, she (your wife) is not earning (housewife), therefore, you are legally bound to maintain her,
her chances are GOOD
“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount"
