498A and a few others
KRISH
(Querist) 28 September 2015
This query is : Resolved
My wife filed a false police complaint followed by a DV case when I refused to pay the amount she wanted for a divorce. Under the guidance of my lawyer I filed for a divorce and the case is in mediation. My questions are :- 1. How trust worthy are the mediators. ( they keep asking me to pay more money) 2. My wife was working and quit her job well after filing all these charges. I assume her next step is filing for maintenance. How can I protect my self as I earn very well and I presume this may be a tactic to get my income out. Is she even eligible for maintenance ( she was employed and left her job after filing all these cases). 3. I have been harassed every step of the way and it doesn't seem to stop. Should I just pay up or do I switch gears and start gathering evidence for a long drawn legal battle.
SAINATH DEVALLA
(Expert) 28 September 2015
1.Mediation process is complete only if both the parties agree to the terms.
2.Is she well qualified and earn for a decent living?If not she file maintenance.
3.U have to produce Ur income documents to the court and then the maintenance or alimony will be decided.
4.DV U have to fight on merits from UR side.
PS: BETTER GO FOR MCD IF SHE IS READY
KRISH
(Querist) 28 September 2015
She is a graduate in psychology and was working with corporate earning around 50k. After filing these cases she left her job. I am earning a lot more than her. Is she eligible for maintenance? Pl note all cases filed are 100% false. While I earn a lot more than her. I had taken heafty loans towards my studies and I am still paying back these loans ( part from banks, some from my father and brother).
Rajendra K Goyal
(Expert) 29 September 2015
1. What is meant by trustworthiness? They are working as court representatives for arrival at acceptable agreement between the litigants, as per procedure.
2. Bring the fact of her employment on record during proceedings.
3. Face the cases against you, engage local lawyer.
SAINATH DEVALLA
(Expert) 29 September 2015
Gentleman, why did U repeat the same query wasting our time.If U keep on repeating the query U are the loser.
SAINATH DEVALLA
(Expert) 29 September 2015
Loans are UR botheration.If she is well qualified and can earn for a decent living she cannot claim maintenance as per the SC guidelines.
Better close the other query and continue this one for suggestions from the other legal experts.
K.S.Srinivas
(Expert) 29 September 2015
I agree with the expert Sainath.
T. Kalaiselvan, Advocate
(Expert) 04 October 2015
In determining the quantum of maintenance the conduct of the parties is also relevant it is remissible for the court to go for the conduct of the wife with reference to the question whether she should be held to have forfeited her claim maintenance in sympathy of her claim. The latest judgment of apex court clearly ruled that a highly qualified wife is not eligible for maintenance.A Mumbai family court has observed that a well-qualified woman cannot claim maintenance from her husband. "The wife who is well-qualified and claiming maintenance by sitting idle is not entitled to get maintenance. The wife is not entitled to advantage of her own wrong, she cannot harass the husband on the count of maintenance though she is capable to earn," the court said while dismissing a dietician's plea to seek a monthly maintenance of Rs 2 lakh from her divorced husband.
Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey J gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.
The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.
SAINATH DEVALLA
(Expert) 05 October 2015
Rightly concluded by ADv Kalaiselvan.
