My wife and I are considering separation. I used to work overseas but returned to India last year and haven’t been employed since. If we go through with the separation, she might ask for maintenance, but I don’t have a regular income. I only have some fixed deposits. Would I have to pay her maintenance from the interest earned on these deposits?

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife and I are considering separation. I used to work overseas but returned to India last year and haven’t been employed since. If we go through with the separation, she might ask for maintenance, but I don’t have a regular income. I only have some fixed deposits. Would I have to pay her maintenance from the interest earned on these deposits?
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Apni Law Staff asked 1 year ago

My wife and I are considering separation. I used to work overseas but returned to India last year and haven’t been employed since. If we go through with the separation, she might ask for maintenance, but I don’t have a regular income. I only have some fixed deposits. Would I have to pay her maintenance from the interest earned on these deposits?

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Best Answer

Apni Law Staff answered 1 year ago

Under Indian law, a court can order maintenance for a spouse even if you are unemployed. Maintenance can be ordered based on your ability to earn, even if it’s from interest on fixed deposits. The court would consider your financial situation and any other relevant factors.

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