Maintenance for wife
Rakesh Malik
(Querist) 07 August 2013
This query is : Resolved
My wife is mba. I have filed divorce case after one month of marriage. We never consummate the marriage. So I have filed for null and void marriage case.
She was working before marriage and was earning more then me. After marriage she is not working.
In mediation the mediator told me that as I have filed the case, court can ask me to pay 50% of my salary as maintenance to my wife. My father is retired govt. employee. My mother is a government employee. We have our own home. We are two brother sister and my sister is married. Sir I have no liability.
My wife also want divorce but she is asking for 15 lakh as compensation.
How much maintenance she is entited for?
prabhakar singh
(Expert) 07 August 2013
you being Anonymous conferring me right to deny you answer even i am capable of.
Even pseudonyme can work for you.
R.K Nanda
(Expert) 07 August 2013
repeated query.
Rakesh Malik
(Querist) 08 August 2013
sir pls let me know what type of identification of mine is required. Sir I am very much tensed as my wife is pressurizing me and my family for money. Believe me my case is real. Let me tell you truth. My wife has affair with the devar of her elder sister. That person is already married for six years and he too has filed divorce case. I have call recording of my wife with his boyfriend in which they are talking romantically. Sir actually the true story is this, my wife run away with his boyfriend who is devar of her elder sister. That boy is also not at his home for last 7 months. My wife is also not at her father home. Now she is saying that she lives with her bua (father's sister).I don't know her address. The day on which my wife left my home my father in law made the missing complaint of her in local police station. In his complaint my father in law mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter.
After 7 days the day from which my wife left my home, she made a complaint in local police station accusing me and my parents for dowry and harassment. When police came to my home we showed the copy of complaint made by my father in law. The investigating officer filed the complaint made by my wife and no action taken by police against us.
It is the incident of january 2013. In march 2013 my wife lodged a complaint in crime against women cell. When we get the summon we went to caw cell office. My wife asked for return of dowry and divorce in front of investigating officer. She submitted a false dowry list. But we had actual list signed by her father and her elder brother. When we showed our list that list was accepted by caw cell and we were given a date to return the dowry goods in CAW cell.
When we went to return the dowry goods my wife refused to take the dowry goods and asked for 15 lakhs as compensation. The CAW cell investigating officer told my wife that as we returning the stree dhan, 406 can not be imposed on us. But 498 A can be imposed. CAW cell give us new date to come with the statment of her father in which he has mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter. Sir please help me. I just want to know:
1) Can 498 A be imposed on us?
2) How much maintenance my wife is entitled for?
Raj Kumar Makkad
(Expert) 08 August 2013
We do not reply anonymous queries so first of all identify yourself and then expect further replies.
Rakesh Malik
(Querist) 08 August 2013
Sir I have updated my profile as you have asked. My name is Rakesh Malik.
Raj Kumar Makkad
(Expert) 08 August 2013
Unless the decree is nullity is decided, you are required to pay her maintenance which shall be decided as per your income even though she was under employment prior to hr marriage.
V R SHROFF
(Expert) 18 September 2013
WRONG MOVE ON UR SIDE MAY COST U NOW.
UR BURDEN TO PROVE HER INCOME, AND ONCE U PROVE, SHE WILL RESIST DIVORCE. U LOOSE BOTH SIDES.
