Maintenance applicability
Vijay
(Querist) 04 March 2019
This query is : Resolved
Hi,
I married in Jun'15 in orissa and i am working in a private sector job in hyderabad. We (my wife and me ) have stayed for 1 month in Hyderabad.After that with out my intemation ,my wife left to her home at bhubaneswar .We have made so many request by going to wife's home.My brother in laws is a SDO ,full rich family. Me , My parents, Village head and Brahmin Sangha president were tried to compromise. She is telling one thing ,"Either you pay 25 Lakhs or come to bhubaneswar to have a successful matrimonial life.Forget your senior citizen parents and Physically handicapped sister."
Then i have sent a advocate notice, which they refuse to receive.
finally i have file a divorce case in Nov'18 at hyderabad after 3 years of separation.That also court set for exparty.No SMS or conversation from their end with in 3 years.Finally during evidence checking date by court their advocate asked court to next date to appear by wife .I found some information that ,they want t transfer the case to bhubaneswar ,for which they approached supreme court.
My Question :
1.What will do in this situation.My advocate says If supreme court says nothing to be done from our side to sop transfer.
2. I am having a audio proof ,where she is telling me that ," She came for one month and will destroy my life after that" ,while we are staying at Hyderabad for 1 month.In this case Can she eligible for Maintenance.
3. My Advocate says at any situation, i need to pay maintenance of 1/3rd of my net salary,My current salary is 55K and rent is paying 9K.This shows a clear cheat with me,having some other audio proof.How much is to pay in this case as maintenance.
further my wife is Threatening to me ," I will not marry any one and never allow you to marry anybody."
please suggest what i will do in this situation.
Thanks,
Vijay
Suhail suhail
(Expert) 04 March 2019
You are in a big mess, your wife is rich seems arrogant and adamant to give you whatever she can in the form of pain.
If she succeeds in transferring the case that would be hectic for you.
You should try to end this matter in any way get divorce and in that she would seek huge alimony.
Try to end this matter amicably ,or contest the divorce case that would take too much time as she would do everything to pull it from every way.
She can claim maintenance and even can file other related cases as she seems to be in a revenging mood... Just end this matter in any way to secure your peace and protection
Vijay
(Querist) 04 March 2019
Approximately ,How much permanent alignment i need to pay for this to close permanently. My monthly take home salary is 55k.
Suhail suhail
(Expert) 04 March 2019
That depends dear, need to impress upon court that you have too many expenses and the income is lesser. Your wife would claim big stake.... As she would claim higher but courts consider the income and other things.
Vijay Raj Mahajan
(Expert) 04 March 2019
The transfer petition filled in the Supreme Court of India will be allowed and the divorce case transferred from Hyderabad to Orissa where the marriage was solemnized and where she lives. She hardly stayed for few days in Hyderabad will not be good enough ground for you to defend in the Supreme Court, your learned lawyer may say anything to please you that doesn't mean it will be pleasing the bench before whom your transfer petition is being heard in Supreme Court.
As far maintenance issue the court will decide this issue after checking financial status of both parties as well their genuine financial needs.
There is no fixed rates for the amount to be allowed as maintenance to wife, it's her own source of income and ability to earn that too is taken in account while deciding the issue.
Get new advocate in Orissa where the divorce case is going to be transferred and say good by to your Advocate in Hyderabad.
Dr J C Vashista
(Expert) 06 March 2019
Did you check status of the case which is stated to have been transferred to Bhubaneshwar ?
Details of transfer petition are available on net.
Vijay
(Querist) 22 March 2019
Thanks all for your valuable suggestion. Truely, I have no other option rather than waiting for time and advocates are also fearing me to have darkness future. No control in my hand .Planning to left the private job.All is God's decision and instruction.
Vijay
(Querist) 22 March 2019
Further I just add :
1. I have a sufficient Audio Proof ,Where it is clear proof Intentionally my wife came for one month with me and then left me and without any reason she left me.
Can it helps me to not to pay the maintenance.
2. my advocate suggest me , They just wants to make you trouble.So better plan for second marriage as supreme court also given go ahead for second marriage if plea is pending at court.
Please help me in this regards.
