Ans. First of all you need to know the most important things while asking the question above that under which provisions your wife getting the maintenance from you.
Here I am telling you under which section and under which provision your wife can claim maintenance from you given as under.
- Section 125 of Crpc
- Section 12/23 protection of women against domestic violence.
- Section 24 Hindu marriage act
- Section 18 of Hindu Adoption and Maintenance act
If the husband is ready to reside with his wife to avoid the maintenance then the husband has to handle the case smartly and has to file the case under section 9 of Hindu marriage act for restitution of conjugal rights. Maybe after filing of sec 9 of HMA your wife can come back to join the conjugal rights with you.
The another way to avoid the maintenance or to stop alimony is that to settle the matter, if the settlement successfully arrived on the correct path than you are on the safest way to stop maintenance.
Herein below some points that can helps you to stop or avoid the paying maintenance to your wife.
- When the wife refuses her husband to live with him or she denied to reside with him in that case wife cannot claim any type of maintenance from her husband.
- When the wife denied to fulfill the conjugal rights with the husband than wife is not entitled for maintenance.
- When the wife leave the house of her husband with her own consent or she wants to live separately.
- When wife has voluntarily left her husband she is not entitle for maintenance.
- When the wife is working and earns very handsome salary.
- If wife has sufficient funds to maintain herself in that case also husband is not entitled to pay the maintenance.
- If the wife has the immovable or movable assets to maintain herself in that case also she can’t claim the alimony.
- That if the husband is unemployed than how can he maintain his wife.
- When the wife remarries
- when the husband is unable to earn or is disabled.
- If the husband can prove that he has no source of income,
SOME SOLUTION FOR NOT PAYING THE ALIMONY
When the wife filed the case before the concerned court and praying for maintenance while she praying for maintenance if she concealed some important facts about her job or the court fixed some interim maintenance and given order to the husband to pay some maintenance in that case husband has to contest the case and give his submission before the court that his wife is working and her earnings is good and she can fulfill her own needs.
If the husband has no proof of her wife regarding her job then he has to ask to submit her statement of account where she can catch clean hands before court.
If wife is a government servant or the husband has no proof regarding her salary then the husband has to file an RTI application to the concerned department where he can seeks her income details and salary slip .
That if the husbands fails to getting the salary relating documents then the husband can file an application U/s 91 of CrPC for producing documents before the Hon’ble Court. Where the Hon’ble court gives direction to the wife to produce the documents or the court has power to summon any company/firm/office where she currently or previously employed.
i want to know that my mother is goverment family pensioner about 42000/- and resides in owened house and getting a rent about 20000/- though she has filed a dvc on me and asking for maintenance form me is she eligible to claim from me pls if there is any remiedy under the law can i know pls
Just by the given facts it cannot be said whether maintenance would be granted or not. Please call on our no. 9560020498 for a consultation appointment.