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Alimony and maintenance

This query is : Resolved 
 


Querist : Anonymous (Querist)
21 November 2020

Hi All,

I am a software engineer by profession working in a reputed MNC,my wife is a doctor (MBBS) ,we got married in March,2020.Due to some unreasonable demands of new home etc ,she left my house in the month of April 2020.Now she has filed a petition for dissolution of marriage stating that I am insane.Sec 12 of HMA .I am very much sane and will fight my case ,I don't want to go for a MCD , mutual consent divorce.I want to fight the false insanity petition against my wife and institute criminal defamation proceedings and later file a contested divorce on the basis of cruelty (after the insanity petition) against me is dismissed.My monthly earning is Rs 90000 and she works as a government doctor with a salary of Rs 30000 .We have no children and she just stayed with me ,in the matrimonial house for a month.Will I need to pay any alimony and Maintenance?.If so what would be the approximate amount if I go for a one time payment of alimony.


SHIRISH PAWAR, 7738990900Online (Expert)
21 November 2020

Hello,

As per me, you may not require to pay the maintenance as your wife is a well-qualified doctor and earning a sufficient amount. One time settle amount is mutual agreed amount for settlement there are no rules provided under the law.

Rajendra K Goyal Online (Expert)
21 November 2020

Try to save marriage, take help of relatives etc.

If it seems that relation can not be repaired, explore the scope of Mutual Consent Divorce.

Nothing fruitful would be gained on prolonged and continuous litigation.

MCD can be filed if both are living separately from one year.

Court can award maintenance if it is satisfied that it is required to maintain dignity, standard of living etc.

Advocate Bhartesh goyalOnline (Expert)
21 November 2020

Your wife is educated and has sufficient means and earnings so she is not entitled to get maintenance.In case both of you agree for mutual consent divorce then court may grant to wife one time settled amount ( agreed amount ) which depends on circumstances.

M V GuptaOnline (Expert)
22 November 2020

As per the facts stated by you, the marriage is just one month old. Hence the petition for divorce filed by your wife is not maintainable in view of the prohibition contained in Section 14 of the Hindu Marriage Act, 1955. In terms of that section no court shall entertain petition for dissolution of marriage unless at the date of presentation of the petition one year has elapsed from the date of marriage. In my view the petition will be dismissed by the court in limini. If for any reason the court issues notice / summons to you, you may file written statement for dismissal of the petition in limini or summarily as one year from date of marriage has not elapsed.
In the meantime you may try to mollify her concerns by talking to her directly and also through her parents/ur parents and elders known to both families. if the efforts do nor fructify, issue notice for restitution of conjugal rights through your advocate and take further steps as advised by the Advocate.

P. Venu Online (Expert)
23 November 2020

Section 12 of the Hindu Marriage Act reads as follows:

Section 12 in The Hindu Marriage Act, 1955
12 Voidable marriages .—
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

The provisions under Section 12 makes no mention of insanity.



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