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help_divorce (SC)     02 November 2010

Maintenance/Alimony

My estranged wife has filed for divorce under 13(ia). I do not want to divorce her and expect her and my kid to come back. I have also filed a RCR. She is demanding 30000 as monthly maintenance. Will I be asked to give her alimony/maintenance even if I am willing to lead a married life with her? She is adamant on her stand and doesnt want to lead a married life with me. Doesn't she have to prove that I have been cruel? She has made false allegations that I used to physically and mentally abuse her.  Her petition doesn't contain any evidences with respect to my cruelty. Also a few weeks before she decided to leave the marital home, we had gone for an excursion and I even have the snaps of the same. Will the counselling sessions in the family court be of any help?



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 6 Replies

Avnish Kaur (Consultant)     02 November 2010

hire a good lawyer, u may not have to pay interim alimony if her charges are false.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 November 2010

Dear Querist,

 

If you had filed RCR earlier than your estranged wife's divorce move under 13(ia), you would have been in higher & better footing. However, as regards monthly maintenance asked by wife, you may note that getting maintenance of that quantum is not a cake walk for the wives now-a-days since the Courts granting such quantum has also become quite concious and cautious which is not adversial to you. The circumstance evidence as said by you would be in your favour to nullify  her claim of cruelty against you. It would be better if you seek appropriate advice from a lawyer of your choice and area briefing him in detail regarding your case.

help_divorce (SC)     03 November 2010

My estranged wife was earlier employed in a KPO and was earning well. She has 6 yrs of work experience and is capable of getting job, however she is purposely sitting idle at home and demanding alimony from me. I dont want to give her divorce, still will I have to pay alimony? My parents are dependent on me, they are over 70 yrs of age. I have a home loan and insurance policies to pay. Won't my liablities be considered if at all I have to pay alimony?

help_divorce (SC)     03 November 2010

can somebody please answer my above query?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 November 2010

Dear,

If your wife has been previously employed, and you can lead proof as to that in the court, her present unemployed status (deliberate) is of no consequence, furthermore the neglect element is important in maintenance cases, if you can contend forcefully that it was she who had wilfully departed from your company w/o any rhyme and reason, her action is bound to fail. Your liabilities would be taken a/c of as well.

However these cases do depend a lot on peculiar facts & circumstances of each case, so a concrete advise would only be possible after a detailed scrutiny of that.


Best of Luck !

ess (Nil)     04 November 2010

Dear Bharat,

Can you please quote some cases on the point that  "her present unemployed status (deliberate) is of no consequence" ?

 

Thanks


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