My wife left me six months ago, while she was two months pregnant. We’ve tried talking things out, but she’s not coming back. Now, her lawyer has sent me a legal notice demanding maintenance and divorce. She’s also filed a divorce petition. I’m a B.Com graduate with a monthly salary of Rs. 40,000, but I have an Rs. 17,000 housing loan EMI and an Rs. 8,000 personal loan EMI. Can I refuse to pay maintenance since she’s also a B.Com graduate with work experience? Is she even eligible for maintenance? If so, how much could I be asked to pay?

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife left me six months ago, while she was two months pregnant. We’ve tried talking things out, but she’s not coming back. Now, her lawyer has sent me a legal notice demanding maintenance and divorce. She’s also filed a divorce petition. I’m a B.Com graduate with a monthly salary of Rs. 40,000, but I have an Rs. 17,000 housing loan EMI and an Rs. 8,000 personal loan EMI. Can I refuse to pay maintenance since she’s also a B.Com graduate with work experience? Is she even eligible for maintenance? If so, how much could I be asked to pay?
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Apni Law Staff asked 3 years ago

My wife left me six months ago, while she was two months pregnant. We’ve tried talking things out, but she’s not coming back. Now, her lawyer has sent me a legal notice demanding maintenance and divorce. She’s also filed a divorce petition. I’m a B.Com graduate with a monthly salary of Rs. 40,000, but I have an Rs. 17,000 housing loan EMI and an Rs. 8,000 personal loan EMI. Can I refuse to pay maintenance since she’s also a B.Com graduate with work experience? Is she even eligible for maintenance? If so, how much could I be asked to pay?

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Best Answer

Apni Law Staff answered 3 years ago

Under Indian law, a wife is entitled to maintenance during the pendency of a divorce case, even if she is also a graduate and has work experience. The amount of maintenance is decided by the court based on the husband’s income and expenses, and the wife’s needs. While your financial obligations need to be considered, you cannot completely refuse to pay maintenance.

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