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Anonymous
in Family Law Criminal Law
Asked August 03, 2017

How to avoid giving maintenance to wife

  • 3 Answers
  • 1304 Views

How do I defend or avoid maintenance under Section 125? We are 2 years married couple with no children. A non-working wife has filled a false 498A on a whole family though all are staying separately after I sent her a RCR notice. We are currently on bail. She is not ready to take care of me and my old age parents. We got to know that they are sending a notice on Section 125. Is their a way I can defend or avoid giving her maintenance?

Answers 3

Legal Advice

1. It is legal duty of the husband to maintain his wife if she is unable to maintain herself.

2.It is also duty of father to maintain his minor children.

3.Filing of the false case by his wife under section 498A of IPC is not the proper defence in maintenance case. However it will be important proof in other legal defences.

4. If husband can legally proof that wife has voluntarily left her husband she is not entitle for maintenance.

5. If husband proves that wife has independent source of income to maintain herself then quantum of maitenance will be reduced.

6. There is no escape but husband has to maintain his wife.

Agree Comment 0 Agrees over 3 years ago

Respected Sir,

1. If husband can legally proof that wife has voluntarily left her husband she is not entitle for maintenance.

2. If husband proves that wife has independent source of income to maintain herself then quantum of maitenance will be reduced.

3. There is no escape but husband has to maintain his wife.

But, Most importantly if a husband proves that his wife is well educated and able to earn he can fight the case on this ground as Hon'ble Supremme Court passed the judgement on this Ground.

Better Advice can be given you only after talking to you., as there are many possibilities.

Better if you are clear about your Location while putting the Query.

For further Query and Better Advise

Feel Free to Contact on Nine Two Seven Eight Four Five Seven Eight Two Two/Nine One Three Six One nine seven Nine Nine Two

Adv.Shuchi Agarwal

Agree Comment 0 Agrees over 3 years ago

You will have to defend section 498A case on facts, proving what you have stated in your question, to the court. So far as section 125 is concerned, there is no way you can evade paying maintenance if you are capable of paying it.

 

 

Agree Comment 0 Agrees over 3 years ago

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