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Can the husband be bound to give the entire salary in maintenance?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Maintenance

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Question: Can the husband be bound to give the entire salary in maintenance? With 44k salary 10-12k is gone in rent in Bangalore.in rest 32k I am finding it difficult to earn living for my parents how to pay maintenance to my wife who tortured me after marriage n now has filed maintenance case.

Marriage date :7/12/2021 .I am an BPO analyst Engineer working with Vodafone India, Bangalore office. My salary is 5.5 lakh with 9 years of experience and this is my 2nd marriage. XX my wife was working with BBM TV with a 10,000/ month salary. Its her 2nd marriage as well. In Nov 2020 their parents came and said as its corona they can go n do shopping for my sherwani n clothes for marriage so gave us 25k cheque. I objected as to why they should go. 

But they insisted and father thought its same thing and didn’t object more.Their was no demand from our side but they wanted to buy furniture & cars for me. I denied stating I need only a girl and nothing else and moreover I don’t know how to drive a car. On 9th dec their parents came to our house and told as ritual some gift items to be given to sister( she is in USA and couldn’t come due to covid issues and for sweets and other things(we have chouthi puja then suhaag raat happens in odia brahmin), gave 1.25 lakhs cheque again. 

I was smelling fishy why they giving cheque always from 10th Dec 2021 wife hitting me and torturing my parents for money , i didn’t capture any proof then . However from 24th dec 2021 recorded a few of her voices when she was shouting at me & my parents. Her parents came to make her understand but in vain. Later she tortured me more & time to time I took her recording. On 10th Jan 2021 she falsified stating I twisted her hand and started to quarrel at 7am and also hit my papa. 

My parents went to the local police station to complain and they called her for counselling . but no FIR was filed. We thought the police told her it’s sufficient so we weren’t forced to file an FIR. My wife left for her home on Jan 15 2021 in my absence (I went with my cousin out of station for some work). Then she called me on 2nd feb 2021 and told me she is not ready to stay with me( I recorded that). In feb 2021 she went to mahila thana stating she doesn’t want to stay and want a divorce. 

We agreed to that .However as my office was opening I went to Bangalore and my parents were in Bhubaneswar. Then she demanded 30 lakhs as alimony in mahila thana , we disagreed on it. Then it was decided that on March 12 2021 the girl & her parents will come to take their luggage and other things. But the girl didn’t come upstairs as she saw CCTV installed. 

Then went to thana stating we didn’t give few of her things and filed FIR on May 4 2021 In Mahila Thana, Bhubaneswar with all false allegations on me & my parents name( she wrote my father wanted to have sex with her, such nasty allegations) we weren’t aware of any such case. But I was in Bangalore and was suffering from Covid . Later on June 7 got admitted as bipolar pneumonia was detected POST COVID & was admitted to Sakra Hospital, Bangalore. 

My parents came from Bhubaneswar to Bangalore for my hospital stay as I was staying alone . From Mahila Thana IO called on June 17 asking if any bail applied or not. We didn’t know about the case . We spoke to our lawyer and she filed for anticipatory bail in 498A,323,294,307,354,354A,506,34,4. We currently have no one to arrest with us. 

Then she filed interim maintenance on July 17 stating to pay 30k/month as interim Maintenance. We found out that she got 2 lakhs as alimony from her previous marriage after speaking to her ex husband. He was earning 14000/month in 2015. We also found that she left job in may 2021 to claim maintenance.

Asked from: Odisha 

No court shall bind the husband to pay his entire salary to his wife in the form of maintenance. The amount of maintenance has been decided on these factors:

  • Net income of husband 
  • Genuine and basic needs of wife
  • Living standard of women in the home of husband
  • Living standard of husband as per his status in society
  • Social status of wife and her family

The net income is determined after deducting all the financial liabilities from the income of the husband. Loan, necessary expenses of husband, expenses of dependants such as father-mother etc. Hence, direction of the court to pay thirty thousand rupees as maintenance is prima facie illegal and against the settled principles of law.

If that maintenance is decided under Section 125 crpc, you should immediately move an application under Section 127 crpc for reducing the amount of maintenance.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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