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Filing a divorce... need your expert suggestions

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved 
Respectful advocates,

I like to file a divorce petition based on my wife's false 498a complaint.

Few of her false allegations are :
a) dowry and mental harassment
b) illegal affairs
c) mental cruelty
etc etc

In reality there is nothing kind of.
Her father is a henpecked and pinhead fellow. They just want to take vengeance on our entire family and relatives.
They are not interested to come forward for talks eventhough so many elders try to solve the issue. They dont want discussions. They just want troubling us which makes them to file a false 498a, 406 cases on me.

So my question is
We both are engineering degree holders and working in private organizations.
My salary is say 12 laks per anum. Her salary is half of my salary, But she has enough funds in her bank account(s). Also, she is not having any dependants.

Still Iam worrying if she claims Maintenance and how to avoid her claiming?


So my questions are:

1) worry about maintenance

2) can I file using her false 498a allegations or shall I file divorce with different grounds?

Please advice by mentioning positive and negative points.
M.Sheik Mohammed Ali (Expert) 16 August 2011
if you can prove she is made out false complaint then file divorce or what ever your wish's, same time you avoid to give maintenance to her you must prove that she is working and she is getting salary 6 lkh p/a.
prabhakar singh (Expert) 16 August 2011
1) worry about maintenance:
you can avoid maintenance only by showing that she is able to maintain her from her own means as per your standards,and that you have dependent parents whose care and medical nursing etc.and loan emus,if any takes away a large part of your monthly income.
2) can I file using her false 498a allegations or shall I file divorce with different grounds?\]

Both is possible,all depends on how much and what can you prove,
Querist : Anonymous (Querist) 16 August 2011
Mohammed Ali.

I opine that Your reply is ridiculous.
Proving her complaint as false takes me nearly 3-5 years. Till then why should I wait? What is the necessity of wasting the years of life and time without filing divorce? Anyways she wont come and even if she comes we wont accept 498a wife and her family.

Coming to the private employments,
She may resign her job at the time of maintenance claim in family court.

Experts,
Please read my query properly and do the helpful.
ADVOCATE SRIDHARABABU (Expert) 16 August 2011
You can view this case laws for guidance
ashok kumar singh (Expert) 16 August 2011

agree with the other expert opinion. thanks.


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