The present article discusses the concept of the maintenance and how men can reduce it in divorce proceedings.
CONCEPT OF MAINTENANCE
Maintenance in law is defined as the amount which is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly installments.
Maintenance is an essential factor that is taken into consideration by the Courts while deciding on Divorce Proceedings in India.
Section 125 of the Code of Criminal Procedure, 1973 lays down the concept of maintenance in India, along with the different personal laws that extend the right of maintenance to not only the wife but also to her parents and children as well.Personal laws relating to maintenance in India are applicable to people belonging to those religions, whereas the maintenance claim under Section 125 of the CrPC can be filed by anyone regardless of religion.
The whole concept of maintenance was initiated in order to see that if there is a spouse who is not independent economically than the other spouse should help him/her in order to make the living of the other person possible and independent. The maintenance may be in a gross sum or on periodical or monthly basis.
Quantum of maintenance
Maintenance covers not merely food, clothing and shelter, but also includes other necessities. The quantum and type of necessities covered within the scope of maintenance may vary, depending on the status, financial position and number of dependents, etc and is at the discretion of the court.
HOW TO MINIMISE THE MAINTENANCE
The husband can get the maintenance reduced by following these steps:
- ALWAYS HAVE BONAFIDE APPROACH
It is always advisable that you should give clear picture to the court regarding your source of income. You should never suppress your income or be dishonest to the court. Show ITR’s of the last 3 years and disclose your reasonable expenses. Try to explain to the court the least amount that you can save after bearing all the reasonable expenses. Being honest with your approach will positively add to your case.
2. NEVER MISS ANY COURT DATE
Till the interim order is finalized you should never miss any court date. It is suggested to actively participate in the court proceedings and attend every single date of your case.Missing any date may bring the case in favor of the wife. So never miss any Court Date.
3. ARGUE ON HER WORKING CAPABILITY
For fighting the maintenance case you must have solid arguments on the working capability of the wife. You can argue on the point that because of her high qualification and capability to earn you had asked her so many times to join any job but she refused it and preferred to sustain on your income. In case if she was working somewhere but later on left the job, you can add this point also.In case she was working somewhere but suddenly quit the job just for the greed of maintenance. Try to convince the Court that you gave her full liberty to work but she refused to work just for the sake of maintenance.
4. PROVE INFIDELITY ON WIFE’S PART
If wife has been indulged in infidelity or adultery and you are having a stringent proof against her then she will not get any penny but you will get a neat and clean divorce on such ground from her even without permanent maintenance. In this case you will win your GWA case too.
5. SHOW YOUR LIABILITIES
It is recommended that the husband should show his liability towards his parents through expenses on monthly investments like EPF, GPF or other long term investments. This step would help him to minimize the maintenance and also the wife can’t claim any stake on these investments.
6. PROVE THE DESERTION
If the husband successfully proves that that it was the wife who despite all the efforts made by husband to call her back deserted him without any reason then it can be one of the grounds to minimize the maintenance. In fact in such cases the amount goes to zero and wife is dis-entitled to get maintenance .The husband in such cases can use the documentary evidence by taking print of the email, letter or text messages of calling her back and submit it before the court that she deserted him.
7. TRY TO NEGOTIATE THE AMOUNT IN MEDIATION
During Marital dispute every husband and wife may get chance of mediation through court. So, it’s better to negotiate the amount and amicably settle it down. This will save your time and further litigation charges.
8. ARGUE IF SHE IS ALREADY EARNING WELL
If the wife is already working well to survive of her own or has sufficient income to enjoy her life then it can be one of the grounds to reduce the maintenance. For this the husband should try to collect all her details and relevant documents like her bank details, ITR’s etc.which shows that she is earning well. For this purpose the husband can take help of the detective agencies if the job is private and if the wife is working in public sector than he can file RTI.
9. EXPLAIN YOUR LIABILITY TOWARDS YOUR PARENTS
Always explain your liability towards your parents that they solely depend on you for their survival and you are the one who is taking care of all their expenses. In case any of the parent or both of the parents have any medical issues then you can show to the court the medical expenses bear by you or any other liability towards your parents. This will help you to reduce the maintenance.
10. SHOW SOME INCIDENT WHERE SHE LIED TO THE COURT
There are various instances where wife in greed to get high maintenance shows the salary of the husband very high before the court. She lies before the court that the husband is earning his income from other sources also which he is not disclosing before the court. In such a situation show your genuine payslips, income details or last 3 years ITR’s to prove that she lied before the court. This will add positively to your maintenance case.
11. NEVER SHOW YOU ARE UNEMPLOYED
There had been many instances where the husband shows before the court that he is unemployed and not even this some of the men even quit their jobs to save themselves from the wrath of maintenance . By doing so it only affects your case .If somehow the court is convinced that you have projected yourself in a wrong way before the court just to save yourself from the liability then you will be in trouble. So , if you are earning never show that you are an unemployed man.
12. TRY TO END ACTIVELY
There is a misconception that more the delay will be ,more the case will be in favor of the husband. Since the interim maintenance is always granted from the date of filing of the application it is always suggested not to run the case for so long. Try to end actively to shorten your burden of maintenance every month till the closure of the litigation
13. ARGUE THAT CHILD IS JOINT RESPONSIBILITY OF BOTH
In case she is working and still doesn’t take any responsibility of the child or children and doesn’t contribute on important expenses of the child like Education, health or any other facility then you can argue on this point that despite the joint responsibility it is only you who is solely bearing the expenses of the child. But in case if she has not any means to maintain herself than you should avoid this argument and continue to pay for the necessary expenses of the child with bona fide intention that you as a father is doing everything possible for the betterment of the child. It will only help you positively in your case.
14. EXPLAIN YOUR OTHER IMPORTANT LIABILITIES
Always try to explain to the court if there are other important liabilities on your part like if you have House Loan pending or any other loan that you took to assist your family . In case there is any education loan for the children and you are still paying for it then also explain it to the Court. You should try to explain that after paying for all these important liabilities how much you are saving in your pocket.
IMPORTANT JUDGMENTS
PANKAJ KAUSHIK v. STATE OF UTTARAKHAND & ANOTHER
Uttarakhand High Court (1 Jul, 2015)
An application under Section 125 of Cr.P.C. being the Case No.41 of 2012 (Smt. Preetika Vs. Pankaj) was filed by the wife/respondent no.2 before the Judge, Family Court, Haridwar in which vide order dated 25.03.2013, passed by the Judge, Family Court, Haridwar an interim maintenance was initially fixed to the tune of Rs.13,000/- per month in favour of the wife. This order dated 25.03.2013, was challenged by the applicant before this Court by filing Criminal Misc. Application No.1073 of 2013, in which the amount was reduced to Rs. 10,000.
Umesh v. Smt. Dipti
Madhya Pradesh High Court (22 Apr, 2016)
This petition under Section 397/401 of the Cr.P.C. has been filed against the order dated 14.12.2015 passed in MJC No.575/2015 by First Additional Principal Judge Family Court Indore, whereby interim maintenance is allowed @ Rs. 5,000/- per month. After hearing both the parties the court held that “I am of the view that at this stage, interim maintenance is reduced from Rs.5,000/- to Rs. 2,500/-. The applicant is directed to pay interim maintenance @ Rs. 2,500/- from the date of the Trial Court’s order dated14.12.2015.
Abdul Rahim Raheman Shaikh vs Saida Abdul Rahim Shaikh and Anr. (3rd January 2020)
In a significant ruling, the Bombay HC recently ruled that a husband can’t be asked to pay a high amount of maintenance if the wife earns more than him. The High Court accordingly, reduced the amount to be paid to a wife from Rs 1,000 to Rs 750.
CONCLUSION
In cases like maintenance if the wife files false case against the husband in greed to grab extra money from the husband or simply just to harass him, the above mentioned steps can be useful while fighting for the reduction of the maintenance. It has to be understood that maintenance is the fuel which a wife would need to keep her litigation alive, the harder you can make it for her to get it, the earlier your litigation may end.
