Wife resigned from service to get maximum maintenance under section 125 crpc. Actually the wife is showing huge falls income to get maximum maintenance. Right now I am doing trading business but due to the pandemic I could not earn much. She is showing that my income is 3.5 lakhs per month and also quoting that I am having bulk property, which is totally wrong.
Asked from: Uttar Pradesh
Husband is bound to maintain his wife despite the fact that she can earn. Husband cannot absolve himself from the duty to maintain his wife on the fact that she has left her job. It is not mandatory for the wife to earn for livelihood.
An able-bodied person is duty bound to take care of his parents, children and wife. Therefore, section 125 of the code of criminal procedure casts duty upon the husband to pay alimony. Even a jobless husband is duty bound to maintain his wife.
Maintenance is your duty and you cannot escape merely because your wife resigned from service to get maximum maintenance under section 125 crpc.
The amount of maintenance is decided on several factors. Net income of husband, living standard and status of women in the family of husband play major role in determination of amount of maintenance. But the law also expects that a well-educated wife should not sit idle if she can earn.
Also read: Can pensioner mother claim maintenance from her son?
Bombay and Madhya Pradesh high court have held that a well-educated wife is not entitled for maintenance if having good capacity to earn. In Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, the Madhya Pradesh High Court has held that
A well qualified wife is not entitled to remain as an idle and claim maintenance from her husband.
If your wife is well qualified and possesses a technical degree and sits idle only for getting huge amounts as maintenance then you should oppose and cite the above citation.
Bring the fact in the knowledge of the court that your wife has resigned from service with the intention to get maximum maintenance under section 125 crpc. In these circumstances she is not entitled for alimony. The court shall decide the matter in the light of the observation expressed by the High court.
