How court decide the amount of maintenance?

Wife: The wife is a postgraduate (M.A. pass). She left the matrimonial home on her own but later filed cases under the Domestic Violence Act and for dowry harassment. She claims that her family spent ₹25 lakh as dowry at the time of marriage. She is currently working as a receptionist in a clinic, earning approximately ₹6,000–₹8,000 per month, and is living with her parents. Her earning capacity is higher than her current income. She has submitted some screenshots alleging abuse by the husband. Husband: The husband is a graduate and earns around ₹60,000 per month but has liabilities, including supporting his younger brother and paying house rent, as he works outside his hometown. His parents are retired government employees. The husband has video recordings showing that the wife left the matrimonial home voluntarily with her family on three occasions due to unmet luxury demands. He also has screenshots showing that the wife abused and threatened him. Recently, the wife obtained medical certificates and again filed false cases against the entire family when no one was present at home. In such circumstances, will the court grant maintenance to the wife?

2 Answers
Only verified advocates can give an answer Sign In
A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 31 Dec 2025

Dear Client, For maintenance, the court sees various factors such as the reason behind her leaving the matrimonial house, her education degree, her earning capacity, lifestyle that she has, amongst others. It is important to prove that she has great earning capacity and her income does not match her lifestyle which could be extravagant. You must also prove that she has left on her own without any coercion from your side, and you are willing to welcome her back. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Admin
Advocate By LEAD INDIA Answered: 30 Dec 2025

Maintenance is not automatic. The court will see whether the wife left the house voluntarily, her education, earning capacity, and conduct. If the husband proves she left on her own and is capable of earning, maintenance may be reduced or denied. False dowry or DV allegations without proof weaken her case. For further legal assistance contact us on our helpline number.

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now