Maintenance and Alimony
Maintenance when my wife is living separately with my son
Question: Sir, my wife is living Separately with my child. I have no property in my name. All properties are in the name of my father. I am only paying bills & other expenses because I am living with my parents. When my wife left my house I transferred forty...
Wife filed false case of rape on my brother
Question: Date (July -21) - After one month, she filed section 125 and demanded 25 lakh (They spent on marriage around 2 to 2.5 Lacs Maximum) Date (Aug -21) - Then I filed a case under section 9 of the Hindu Marriage Act. Wife filed false case of rape on my...
I want more money as interim maintenance to take care of my children
Question: I have filed a maintenance case in 2020. Today the court has passed an interim order on the basis of husband’s income. His income is about one lakh per month. The maintenance amount is 20000/-monthly. Out of which 15000/- for me and 5000/- for both kids. My...
Can the high court put a stay on my interim maintenance order?
Question: I had applied for maintenance after my husband filed a divorce. The session court has passed an order for interim maintenance, to which my husband is going to appeal in the high court to put a stay. What can I do in such circumstances? Can the high court put...
Can husband file mutual consent divorce if wife is not ready thereof
Question: We have been married for the last 16 years and have a child aged 15 years. So far I have taken care of all financial requirements & my spouse is a housewife though she takes a few tuitions at home. I left my job in 2020 & am presently unemployed for...
Husband has not been paying maintenance since March 2020
The court has ordered under section 125 crpc to pay maintenance @18000 per month. But my husband has not been paying the maintenance and he wants to file a divorce case against me. I have contacted my advocate for taking legal action against my husband for payment of...
I want divorce because my wife is a characterless lady
My wife has illegal relations which I did not know at the time of marriage. She is a characterless lady so I want divorce. I got married in 2008, and my marriage life is still very good till Dec 2019. In Dec 2019 I found that my wife has been characterless for so many...
Can I get maintenance from my unemployed husband
Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is...
Adjustment in amount of maintenance under Section 125 crpc
I want adjustment in amount of maintenance under Section 125 crpc. My wife has filed a case in Section 125 crpc for maintenance. I have been ordered to pay maintenance. Hence I have been paying the maintenance to my wife since 2009 till 2020. Now, the problem is that...
Maintenance in case of divorce after one year of marriage
Question: I want to know whether maintenance in case of divorce after one year of marriage is possible. I got married on 20 Nov 2019. Now we want to get separated by mutual consent. My wife is a B. Tech. & MBA but did not make any serious attempt to get a job. At...
Stepmother is receiving family pension : Can she claim maintenance from me?
Question: My stepmother is receiving the family pension and has all retiral benefits such as provident fund, gratuity etc. She is living a good life but claiming more money from me. I am a software engineer and currently in the USA. We are a very reputed family in our...
A maintenance order without hearing the husband is void
The court cannot pass a maintenance order under Section 125 of the Code of Criminal Procedure (crpc) without hearing or giving the opportunity of hearing to the husband. If the court did so, it has breached the principle of natural justice. The husband should file an application under section 126 crpc for setting aside that order. There is a period of limitation for filing of such an application u/s 126 crpc