Alimony & 498a
Rajib Banerji
(Querist) 07 February 2013
This query is : Resolved
Dear Sirs,
I have been ordered by the Calcutta High Court to pay alimony to my estranged wife @ Rs:7500/- per month.My wife had earlier filed 498a against me & my parents which is pending at the trial court.I would like to know that if it is proved that my wife has filed a false 498a case will she be still entitled to get the alimony & will divorce be granted to me on this ground?
Regards,
Rajib Banerji.
ajay sethi
(Expert) 07 February 2013
you have to pay your wife maintenance . if you are acquitted in 498A case you can file for divorce on grounds of cruelty . filing of false 498A case is ground for divorce
Sanjeev
(Expert) 07 February 2013
filing 498A by wife does not relieve you from the maintainence that has been granted by HC. 498A cannot be said to be false unless you are aquitted.
Rajib Banerji
(Querist) 07 February 2013
I understand that unless I am acquitted I cannot call the 498a case false but I am confident that I will be acquitted since I have documentary evidence of her misdeeds which I have produced in court.My question is if it is proved that she has misused 498a will she still be entitled to get alimony?
ajay sethi
(Expert) 07 February 2013
you are bound to pay maintenace . only if wife is working then you wont have to pay maitenance
Rajib Banerji
(Querist) 07 February 2013
what If I stop paying maintenance?I do not have any property in my name that she can attach nor do I earn currently I am unemployed my relatives & family members are helping me to fight the litigations.I live in my fathers house.
ajay sethi
(Expert) 07 February 2013
at most you will go to jail . interested ?
R.K Nanda
(Expert) 07 February 2013
if u prove in court that ur not earning then
u will not have to pay maintenance to wife.
Rajib Banerji
(Querist) 07 February 2013
I have already tried to prove that but the judge didnt listen.My wife filed 498a to cover up her affair but she was unable to extort money from me as I was out of town and subsequently I got bail.I lost my job because of this false litigation.I know if I go to jail she will not get a single penny.she knows that too.
R.K Nanda
(Expert) 07 February 2013
call ur relatives as witnesses in court to
prove that ur not earning.
Raj Kumar Makkad
(Expert) 10 February 2013
Even if a husband is not earning, he is bound to maintain his wife. This is not an excuse. It is not easy to proclaim for jail. Better to pay maintenance amount as per your latest income.
