Regarding get divorce and not to pay maintenance.
Rahul
(Querist) 26 August 2016
This query is : Resolved
We belong to Hindu family (both of us). We got married (arranged) 1.25yrs back. But soon after the marriage she started quarrels with me in triffle matters. She accused me that I am having an affair with one of my collogue, which was not at all true, but she insisted that I should admit it or she will comit sucide. She is asking me to get divorce or shr will comit sucide in triffle matters. In other words we can state that she is emotionally blackmailing me right after the marriage.
After councelling with her and my parents she stoped that but keep on taunting me for the same. Then after few months she accused me about potency, which was also not correct. She keep on quarrelling with me and family members in triffle matters. Now a days in small quarrels she started snatching and slapping me also. several times she did that, once she slapped me in front of her parents also, In the month of april we called her parents and told them about her, she also insisted that her daughter is wrong, and she should not do so. A month back, she was suffering from urine infection, I insisted het to have dinner at 11:00 at night so that she could have the medicines, she started hitting his head, i called my mom from her room, my mom asked me call her maternal uncle who resides in the same city, as soon she heard that, she ran to balcony, saying that if we called her uncle, she will comit sucide right now, any way we caught her, called her uncle at late night, and sent her with him. From past a month she is with her parents. Right before sending her to her parents she were insisting me that she is not ready to live with my family, either I should take a seperate accommodation for her, or divorce her or she will comit sucide. I informed this tp her husband, first time to father and second time to her mother, both of them were stating that she is wrong.
I could leave my mom, I love her so much, on the other hand, I am a state govt officer, my brother is unemployed, my father expired 13 yrs ago. How could I leave my mom
Now I want to get rid of her. I consulted some lawyers, That if I file a divorce, is there any remedy to get rid of maintenance, becoz my whole family depends on my salary, i dont have any other source of income.
Kindly suggest me the path.
Rahul
(Querist) 26 August 2016
Kindly sent me the suggestions at my email address and dpnt publish it in public. Thanks
Rajendra K Goyal
(Expert) 26 August 2016
For personal suggestion / advice / guidance please contact local lawyer and discuss in detail.
Try to have amicable solution, try to save marriage. The path of divorce proceedings is not smooth at all. It may effect your career and may take away your golden period of life. Take help of elders.
Nothing wrong in living separate if marriage is saved.
Raj Kumar Makkad
(Expert) 26 August 2016
With due regard to the wise and experienced advice of expert Rajendera K Goyal, I further put here the reply of your query to the effect that the threat to commit suicide on trivial matters by either of the spouse is a cruelty to another and thus it becomes a strong ground for seeking divorce under section 13(i) (ia) of Hindu marriage Act which in your case is fit. You may easily prove her repeated acts of such and similar cruelties which has led you to git rid of her.
You must beware that this litigation is not easy. This shall not be the sole case once either of the parties starts litigation. There is a full fledged package of 4-5 cases in such events.
Rahul
(Querist) 08 September 2016
Thank You gentlemen for your suggestions. I am great full to both of you. I will try the suggestion of Hon Rajendra K Goyal sir and if we decide to move on i will definitely keep in mind the suggestions of Hon Raj Kumar Makkad sir. Thank You.
Guest
(Expert) 08 September 2016
Mr. Rahul,
Maintenance of your wife is your legal liability, as she is also a part of your whole family. If you want divorce, you can't get rid of paying maintenance.
Better try to understand her personal, physical/ mental ailment problems and get her treated properly from a pysician or a psychiatrist, as the case may be, as divorce is not a panacea of all ills in family life after getting married.
Also try to make review your own attitude towards her, if there is any unusual treatment from your side.
However, if you still believe that by taking divorce your problems will end, you may file a case for divorce through some local lawyer, but also be ready to pay maintenance to her till life, irrespective of your financial problems. That would be in normal course, if nothing adverse happens in between from the side of your wife or in-laws. So, you should not take that so easy as you amy be thinking, as a lot of other types of problems, like DV or dowry case, may start cropping up for you to face.
Rahul
(Querist) 24 September 2016
Thank You Mr. Dhingra for your suggestion, i will definitely follow your those.
Sir could u tell me that if we then also we decide to go for divorce, what is the procedure of calculating maintenance amount.
Guest
(Expert) 08 October 2016
Quite a premature question in the absence of any problem. Don't be so impatient.
First be ready mentally, hire a lawyer, go for divorce, wait for the maintenance demand of your wife with specific reference to your income, then your own lawyer will tell you the approximate maintenance amount and the judge will finally decide on merits of the case about what you will have to pay as maintenance.
Rajendra K Goyal
(Expert) 09 October 2016
Agree with the suggestion from expert P.S. Dhingra.
