I was earning around 1.5L and my wife is earning around 75K. I lost my job due to the layoffs and trying to search for the same. I put the application in the District court that I have lost my job but they have put up the maintenance of 10K under DV act. To counter this my lawyer asked me to move to session court and we moved there. After moving to session court we did not get any stay and the court said that I have left the job intentionally and would have to pay the maintenance. What should we do in this case? Should we move to high court? As I am currently in the search of a job and my wife is also earning handsomely and we do not have any children either.
Asked from: Uttar Pradesh
As per the facts of your case, it seems that your wife is an educated lady and earning well to maintain herself. A wife who is well educated and her earring is sufficient to maintain her, she is not entitled for maintenance under Section 125 crpc and Domestic Violence Act.
In the case of Shailja & Anr. v Khobbanna, (2018) 12 SCC 199, the Supreme Court ruled that the mere fact that a wife is capable of earning is not sufficient grounds to reduce the maintenance awarded by the Family Court. Instead, the Court must assess whether the wife's income is adequate to sustain her in a manner consistent with the lifestyle enjoyed in the matrimonial home with her husband. This emphasises that maintenance awards should reflect the need for a standard of living comparable to that during the marriage, irrespective of the wife's earning capacity.
You should plead that the applicant (wife) is earning well and her income is sufficient to maintain herself. Hence, she is not entitled to get maintenance. When the wife has sufficient means to maintain herself the maintenance case is liable to be dismissed. For more legal help please visit Kanoon India.
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