Apni Law Staff asked 8 months ago
My wife filed a maintenance case against me even though we’ve been separated for three years and have no children. The judge ordered me to pay maintenance even though there’s no proof of any agreement or discussion about it. I’m earning about a lakh a month but I’m actually unemployed. I’m willing to pay 50% of the maintenance amount, but what about the pending payments? I’m worried about the warrant they issued. My wife hasn’t presented any evidence, this case feels totally fake. What can I do to stop this and protect myself? Please advise.
Best Answer
Apni Law Staff answered 8 months ago
Under Indian law, a court can order maintenance even after separation if a spouse proves they are unable to maintain themselves. You can file a revision petition challenging the order, presenting evidence of your unemployment and your willingness to pay 50% of the maintenance. You can also file a contempt petition against your wife for non-disclosure of evidence and attempt to get the warrant recalled.
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