Jayanta Bhattacharjee (Head Marketing) 11 May 2012

Maintanance to wife

I got married on 9th dec. 2002 and having a baby of 8 years (delayed syndrome). My wife had filed 498A against me all of a sudden on May 2011 and putting me jail (for 14 days), she and her family had looted all my properties, educational as wel work ex papers, nearly valued Rs. 11 lakhs. After getting bail I tried to convince her to come back to her inlaws (persuaded thru club, local heads and ever a lot of time personally) and to refund my assets and papers so that I can join job but to utter surprise neither she did take any +ve step to resolve the matter bt every time she is threating my old parents to give her our parental house in her name and only then she will return my papers and other assets (except land z& building which I don't have even). Presently I am jobless since May 2011 and nt having any savings because everything have been captured by her and her family members. We all from our side tried our best to resolve amicably bt till nw did n't find any clue towards settlement as we didn't want divorce at least for the sake of our ailing daughter. All my savings and assets were also been looted by her and her family menbers. Still I am managing to continue physiotherapy for my daughter @Rs. 200/- per day (18 days a month) by taking loans from my relatives since last 8 months so thatour child survives. My father is retired in 1994, mother is housewife and nt having savings to them also..completely deendent on father's pension our family is running.

My wife lives with her family members and most of the day she threatens usa lot of nonsenses. we kept mum because of family matter and never wanted to make it public.

Now my question is; if I or my wife files divorce, is it necessary to pay her alumni? I have no earning since last 1 year and n savings anywhere & more over my papers (job related) along with all my assets are retained by my inlaws and they are blackmailing us.

Now my question is..if I need to pay alumni..how do I do it? I am pennyless and literally begging from my relatives to arrange therapy amount for my ailing daughter. My daughter lives with my wife..she did n't allow me even to see my daughter since May 2011.

We are living seperately since 19th April 2011, is divorce applicable? Or if one party disagrees to divorce, can the other party get the divorce?

I need help / legal opinion desparately, I am 100% willing to pay the alumni amount or the maintanance to my wife if my wife returns me back my papers, certificates and all belongings to find and have a job to feed them.

Pls guide me so that I can come out with a conclusion to proceed further especially the alumni part whih is the main constraint I have at this moment unless and until I get my educational as wel work ex papers from her and get a job to pay.

I miss my daughter and family a lot every day every moment bt I witnessed my wife travelling arround with her a lot of boy friends...I just keep mum..pls help me..

Regards,

Jayanta Bhattacharjee

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4 Replies

Anjuru Chandra Sekhar (Advocate ) 11 May 2012

"if I or my wife files divorce, is it necessary to pay her alumni? I have no earning since last 1 year and n savings anywhere & more over my papers (job related) along with all my assets are retained by my inlaws and they are blackmailing us."

...you need not pay alimony to her if yu do not have income.

When your daughter is living with your wife, why are you paying for her medical expenses?

She has no right to keep your certificates like that, you can lodge a police complaint that she had forcibly taken all the documents and not returning them.

YOu have not told in which stage the 498A case is now?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 May 2012

Dear Jayanta

you should filed a criminal complaint against her and her parents and approch to the court to issue a search warrant or issue the direction to her to produce these document if any.

feel free to call

cm jain sir (ccc) 11 May 2012

bro,

file immediately 406 against her and your in laws or whoever were involved.

file divorce and child custody also as there is no meaning in running behind this type of lady. Maintanance aliimony is decided on merits of the case. you start your work immediately otherwise u will feel more disturbed if she files further cases.

Dont worry and join various forums to fight against these issues.

Deluxe Law (NA) 12 May 2012

Jayanta,

Wouldnt waste your time with sympathy ... Just change your attitude and fight it like a war and take no prisoners ... remember this like any other war is lost by the soft-hearted, so take a few days & toughen yourself up ...

As for law, she can show copies of your educational qualifications & also gain courts sympathy through your daughter's condition and the court is likely to award her a reasonable interim maintenance even though you may not be working ... Keep proof of payments made by YOU for your daughter's physiotherapy, gather every possible evidence (telephone recordings etc), file for a 406 for return of documents (though consult a lawyer first to finalize your strategy) and strategize for a no holds barred battle ... OR Pay her whatever she asks for in return for your & your parents piece of mind & hopefully proper access to your daughter ... I wouldnt choose the latter but then you are not me !

Best of luck.