(Querist) 22 April 2018
This query is : Resolved
Dear Sir i have married on 14th Aug 2014 and my wife left me on 9th Dec 2014. 16 Nov 2016 she have filed a Domestic violence case against me and my mother and sister. she also fight a maintenance case against me. I have fight the case family court under 125 case fix rs 5000 per month maintenance. and i was paying that on time. but when in DV case i compromise with her and bring her back .. she lived only 12 days with me and again filed a case against me and make an MLC . but nothing found in MLC and she left me and go to her parental house with all jwellary which was in her handbag. my question is that 1) is her past case is not under time limitation as she left me on 9th dec 2014 and file a case on 16th Nov 2016. 2) is she can reopen the case? 3) if yes is her case is become strong? as there is nothing in MLC.
and these withdrawal and MLC can help me to get divorce ? as she is demanding too much in settlement amount. I have 3 years of boy child and house is on my fathers name which have 7 legal heirs from my side one is me and 6 my sisters.
Vijay Raj Mahajan
(Expert) 22 April 2018
She has right to seek maintenance for herself and place of residence not the share in the property of your father. She wants to settle with you on payment of payment alimony and maintenance and go for divorce by mutual consent. You have to work out the amount you can afford to pay as one time settlement amount and move out of the marriage. No purpose will serve with continuous dispute between both and unnecessary litigation.
(Expert) 23 April 2018
According to some case law A highly qualified woman not doing any job sitting idle courts are reluctant to grant any maintenance as it amounts to encouraging her laziness or idleness. Let her do some job.Rest I agree with Vijay Raj Mahajan.
(Querist) 24 April 2018
Dear Sir and mam She is well educated then me, My question is below regarding DV case
1) is her past case is not under time limitation as she left me on 9th dec 2014 and file a case on 16th Nov 2016. 2) is she can reopen the case? 3) if yes is her case is become strong? as there is nothing in MLC.
and also please suggest me as she is mentioned in her bio-data for marriage that she is earning 20 k from tutions and i have some online profile of her that mentioned that she is giving tutions.. is that helpful for me ?