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NothingToFight (Others)     28 September 2016

Maintance

Hello Experts,

I applied divorce under cruelty, now matter is in mediation, my wife already registered in some matrimony site for second marriage and she mentioned deviroced in the profile, i have evidence, is she entitled for maintance? She is engineering graduate and had 3 years of work experience before marriage.



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 18 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     28 September 2016

If she is qualified enough to earn a living for herself no maintenance need be paid as per the directions of the Supreme Court.

Without obtaining divorce officially she can't register for remarriage.

sai narayana   28 September 2016

You filed divorce case and she had gone a one more step ahead by putting her profile. So both are no longer interested in continuation of this marriage. So better both sit together and decide the alimony part to amend your petition to MCD which saves both of your time and money.

P. Venu (Advocate)     28 September 2016

You can bring the matters to the notice of the Curt and object to grant of maintainance.

NothingToFight (Others)     28 September 2016

Thanks for reply, i just want to know will jurdge consider this profile registration during maintance case?

sai narayana   28 September 2016

It's of no use as even a divorcee is also entitled for maintenance except that the said divorce was decreed on mutual consent (MCD)

NothingToFight (Others)     28 September 2016

Sorry Naraya, you mean to say i dint get, women asked for divorce continuously with only reason that she wants to keep her parents and leave my parents if not divorce, when she forced for divorce and before court grand divorce she can search for new husband and even then court will give her maintance?

whatnot   28 September 2016

Your proof about her profile won't stand in court of law. She will feign gnorance and say has nothing do with. And it is not a crime .

 

What proof you have to support your cliam for divorce under cruelty?

Was there separation? Where does it stand in mediation?

 

You are jumping gun interms of maitainance. You have to worry only when she files it. Until then it is just speculation.

 

Concentrate on Divorce . Win it.

NothingToFight (Others)     28 September 2016

i hav enough proofs of her rules to leave my parents and to be servant of her and her family and i should not even see my parents even if they die and lot of vulgar messages including saying that she married only for money and property and telling all her intentions very clearly through SMS and he left my house saying i dont have money so leaving to her parents home, all those i have proofs, now after me applying divorce she came back and forcely entered my house after deserting me fot 10 months, now mediation is going and still she is telling she wants divorce in mediation as well but stll stayig in my house.

sai narayana   28 September 2016

Wife staying with husband is not eligible for maintenance as you are already maintaining at your home so there is no necessity to pay additional amount. The above is enough to defend your case regardless of who ever filed and what ever written in that petition.

sai narayana   28 September 2016

Wife staying with husband is not eligible for maintenance as you are already maintaining at your home so there is no necessity to pay additional amount. The above is enough to defend your case regardless of who ever filed and what ever written in that petition.

sai narayana   28 September 2016

Wife staying with husband is not eligible for maintenance as you are already maintaining at your home so there is no necessity to pay additional amount. The above is enough to defend your case regardless of who ever filed and what ever written in that petition.

A walk alone (-)     28 September 2016

If both want divorce go MCD. Why are you wasting time and money in roaming court?

NothingToFight (Others)     28 September 2016

Ok, i think i was not clear with my query. My wife left home in Aug 2015, i went 3 times to her home but she was not ready to come back and told she want to take divorce and even her family wants same, i applied divorce in dec 2015, 2 times sent notice from court but notice dint reach them, May 2016 suddenly she came to my home and entered with relatives, then police station, i came out of home, because she was giving false allegations in police, so i said i cant stay with her, police told she will stay in home, i said ok, but i wont because i already applied for divorce, i should them notice but no use. Now also she wants divorce and she dont want to continue but she will not leave my home thats what she is doing, i said you can stay. now in mediation also she will scold in vulgar infront of them and she will tell she wants divorce, when they ask what is the issue, she dont have any reason and simple she put blames on my parents who just came to my home 2 times and just stay from morning to evening and left, so in mediation they are not believing her lies, if they ask she will tell i want divorce but she wont leave home. Her father is really i dont know what he wants infront of mediation and with her lawyer and my neigbhours he will say some how make them together, and with my wife he will ok leave will go back, now next they will sure will go for maintance for sure, so i just wanted to check her eligibility. She is engineering graduate and had 3 years of work expereince, after marriage she dint go job and told, she married me because i have money and property, so that she can just sit and enjoy life. When she left to her home town in Aug 2015, after 4 months she told she had a old friend when she was studing and she wants to marry that guy and she will discuss and let me know, for all this i have proofs, now my question will she get maintenance?

NothingToFight (Others)     29 September 2016

I got doubt and i asked her are you planing for second marry so only behaving like this and creating problems so that i will leave you, she told yes I am searching then i asked her is it from relatives or from matrimony, she told matrimony, immediately i searched matrimony side with specific search and i got her profile with id. All this are SMS, i hope now she cant cheat court with her lies?


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