In a matrimonial dispute first and foremost step taken by wife is maintenance case. She files a case under Sec 125 CrPC for maintenance of her and children if any. No matter if she herself is well educated and is earning a good sum of money. In most of the cases she files cases just to harass the husband and in-laws. If there had been no cruelty to her by her in laws then also she writes false and fabricated stories of dowry and cruelty while filing petition, these stories are same in every case.
Because of these girls who are actually suffering from cruelty by her in-laws, they don’t get justice many times as everyone’s perspective becomes like what happens in most of the cases, filing false cases, trapping her in-laws in litigation. But it should not be so. If wife is leaving her husband with her own wish then she should manage her livelihood herself instead of becoming burden on husband. Getting separate is a very big decision and obviously she takes it after looking at various things.
Now a days it has become so common that every second house has this problem. It begins with a small quarrel and slowly slowly it becomes big day by day with the involvement of wife’s parents and relatives which ultimately leads to litigation. Practically what is happening in court is that maintenance gets fixed no matter whether husband can afford it or not, whether he himself has many liabilities or not, whether wife has left her matrimonial house herself without any reason. Maintenance doesn’t get fixed immediately, it takes time of approx. 1-2 years. Then husband has to give all the pending maintenance during this duration.
What Can A Husband Do To Reduce Maintenance :
Generally maintenance gets fixed which is not in the capacity of husband then he needs to go to high court for its appeal whether it is interim maintenance or final. Now husband needs to appoint a good presentable lawyer who can actually show the true picture to court that how much is the salary of husband, what are the liabilities, if his parents are with him then their expenses (medical expenses and all), if there is any loan, if these things are not highlighted then court will not favour the husband. So one needs to focus on all these, one cannot hide his salary as after Rajneesh vs Neha affidavits have to be submitted mentioning each and every detail of the income.
Husband can also focus on the point that wife left the house as per her own wish and he has not forced her to go out. If this is so then court might consider it as there are many judgements in favour of this point. Husband can say he is ready to keep her and give all necessities at his home but she only wants to live separate then court will see the intention of husband as not to break the relationship. Court always favour it rather than breaking the relationships.
Husband can also file a separate case under Sec 127 CrPC for amendment in maintenance fixed under Sec 125 CrPC. He needs to mention each and every detail why he can’t give that much maintenance may be he has lost his job due to any reason (corona pandemic), court has not seen at his expenses earlier, wife is well educated and earns good salary whatever be the situation according to case to case then it might be helpful. If wife is living in adultery then husband needs to collect strong proof of the same to get help in maintenance case as court do not give maintenance in such a case.
