Response

1) First, you must plead in the court that you will have to submit all the material facts, evidences and state genuine reasons which will prove that you are in no position to give alimony to your wife. The court may consider the nature and source of income, take account of the standard of living as well as financial needs of both the parties and also take account of any fortune of your wife. The number of years the couple has been married, the number of children and the kind of emotional investment made are also considered. You can also request stopping of payment or reducing the amount, if your wife manages to get another source of income or already has one. Further if your wife remarries any other person then you won’t have to provide her any alimony. You can apply for personal loan from the bank, yu can also plead to the court that to pay the maintenance you have to take a loan.

2) Yes, VPF will be considered in granting the interim maintenance.

3) The interim maintenance is 1/3 of the net monthly income. In an interesting case, Sanjay Bhardwaj & Ors. vs. The State & Ors. the HonÕble Court held that the husband canÕt be forced to beg and steal in order to maintain his equally qualified wife who refused to live with him coupled with the fact that earning status of the husband is not proved. The relevant excerpt of the judgment is worth perusing for.

Reference: Section 125 of the Criminal Procedure Code,1973.

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LAWAYZ-2023-147