5 Key Points for the Husband’s Counter

in a Maintenance Petition (S.125 CrPC / S.144 BNSS)**

1. Wife Has Sufficient Independent Income

If the wife is earning or has the capacity to earn, highlight:

• She is gainfully employed / running a business / receiving rental income.
• She is qualified and capable of working but has chosen not to work.
• Provide documents like salary slips, social media business pages, GST details, property records, etc.

Courts deny or reduce maintenance when the wife has sufficient income.

2. Husband’s Actual Financial Capacity

Clearly show your real income and expenses:

• Salary is low / irregular / job loss
• Loans, EMIs, medical expenses, dependent parents, children, etc.
• Attach proof: bank statements, loan statements, doctor reports.

Courts cannot burden the husband beyond his actual capacity.

3. Wife Left Without Sufficient Cause (Desertion)

If the wife left the matrimonial home without valid reason:

• No cruelty or dowry demand from husband
• Repeated requests to return were refused
• Mediation notices were ignored

A wife who leaves without reasonable cause may lose the right to maintenance.

4. Wife is Living in Adultery (If Applicable)

Under S.125(4) CrPC & S.144(4) BNSS:

• A wife living in adultery cannot claim maintenance.
• Provide evidence if available (messages, photos, call records, witness statements).

Courts strictly apply this bar when adultery is proven.

5. Husband is Ready to Maintain, But Wife Refused to Live With Him

Show willingness for reconciliation:

• Attempts for settlement/mediation
• Written offers to resume cohabitation
• Proof that wife refused without reason

If the husband is willing and the wife refuses, she may not be entitled to maintenance.

Optional Bonus Points (If Applicable)

✔ Wife is filing false criminal cases only to harass
✔ Wife receives maintenance from another source (parents’ pension, previous case, etc.)
✔ Wife is intentionally suppressing her income
✔ Husband already bearing expenses of child, rent, schooling, etc.

Family Matters, Divorce Case, Dowry Act, Domestic Violence, Child Custody, Adoption, Court Marriage, Maintenance in Family cases .