how to denied sec 125 -maintainance

Querist : Anonymous (Querist) 15 January 2011 This query is : Resolved
Sir/Madam

my wife desert me since 14 month.she is studing and not working.i try my best to come back but she refused.
now i file case of sec 9 HMA but in this counselling she refused to come back. but she file sec 24 and sec 125 both for maintainance.

my advocate are giving advice that we should file for divorce and withraw sec 9 for speedly divorce

i m requesting u to guide me that is it favorable for me.

and how to advoid maintaince and take a divorce

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Amit Minocha (Expert) 15 January 2011
you canot avoid maintainance payment. U have filed case u/s 9 HMA but you want divorce. First be clear and decide calmly and intelligently what is your final decision and then if needed , file the divorce petition. Since it is just 14 months in your marriage , it is not something strange happening in your life. It happens frequently and many times since two differnt persons start living together immediately and time is needed to settle down.

Arvind Singh Chauhan (Expert) 15 January 2011
I do agree with Mr. Amit.

Querist : Anonymous (Querist) 15 January 2011
Sir,

my marriage held on july 2008 but since 14 month she deserted me.

i have try my level best to come back but she want divorce

how to save from sec 24 and sec 125

Querist : Anonymous (Querist) 15 January 2011
and get divorce in less time

adv. rajeev ( rajoo ) (Expert) 15 January 2011
to pay maintenance to your wife is bounded duty, you cannot avoid it. You have to prove that she has willfully deserted you and there no negligence from the part you.

adv. rajeev ( rajoo ) (Expert) 15 January 2011
If you want to avoid the maintenance it is better to compromise for lum sum amount and get the divorce, because to pay the maintenance every month some times becomes very hard.

G. ARAVINTHAN (Expert) 15 January 2011
You need to pay maintenance for your wife, then only can proceed with the case

abhishek (Expert) 17 January 2011
according to your information its better to file the divorce petition after completion of two years of desertion and till that period the application under section 9 would not be withdrawn. Then you have a ground of not living with you without any reasonable cause as per the sub-section 4 of section 125

how to denied sec 125 -maintainance

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