Maintenance to high salaried wife
A DV petition was falsely filed against me in retaliation to MC I had filed against my wife due to mental injury (she had been having extra-marital affairs). The DV case order was passed by trial court in her favour, I appealed in High Court Karnataka subsequently. My advocate didn't attend the argument and the judge passed an order against me. What is best recommended? - review of the order in High Court or appeal in Supreme Court? She is earning really well with multiple businesses and the order was modified to enhance maintenance. I neither can cope with the amount nor I feel is justified since she cheated me and is earning well. Appreciate your advice. I have secured Divorce already 4.5 years ago.
There are certain grounds on which you can be refuse maintenance:
- According to Section 125(4) of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance if it is proved that she is living in adultery
- It is rare but it has happened in the past a few times that if a wife is earning good amount, then the court either removes the burden of paying maintenance all together or reduces the same
- If your wife has deserted you
- In the case of Mr.Ankur Mahindro v. Rajat Gupta it was held that a well-educated wife is not entitled to receive maintenance from her husband. The same was held Punjab & Haryana HC in the case of Capt. Dr. Hamesh Kumar v. Dr. Nisha Sahi and another
Remedies against ex parte decree/order
- Apply to the court to set it asidethe order under Order 9 Rule 13 of CPC; or
- Prefer an appeal against such decree under Section 96(2), or to file a revision under Section 115 where no appeal lies
- Apply for review petition under Order 47 Rule 1;
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