Maintenance to wife
SUCHA SINGH
(Querist) 15 July 2013
This query is : Resolved
sir, my wife has filed a case against me for domestic violence. But all the allegations are false and baseless. Further, I am ready for a compromise ie. I want to live with her. The court has transferred my case in Lok Adalat to be held on 07.08.2013. My advocate is disappointing me by saying that I have to pay her maintenance.
If I continue to say in court that I am ready to live with her and there is nothing serious then will she be able to get maintenance, please guide. thanks
ajay sethi
(Expert) 15 July 2013
your wife should be willing to stay with you . if she refuses and is not working court may award her maintenance
SUCHA SINGH
(Querist) 15 July 2013
thank you very much for your reply.
I have only one son (13 years) and is living with my wife. My wife is not doing any job and my salary (Cash in Hand) is approx.24000.00. I have also borrowed home loan upto Rs.9.5 lacs on my own and got the house registered in the name of my wife.
In case maintenance is awarded by court to my wife then how much amount (estimated) I will have to pay her. please reply and oblige. thanks
ajay sethi
(Expert) 15 July 2013
your wife and child may be awarded around Rs 10000 per month . the mistake you made was got he house regd in your wife name . you should have at least got it done in joint names . you can mention that although you are earning rs 24,000 per month home loan EMI comes to around X amount. hence you have hardly any money left for subsistence
SUCHA SINGH
(Querist) 16 July 2013
Thank you so much for your reply.
Sir, I need some clarifications :
(1) My wife is residing at my home (doraha) and she has filed petition from her parent's home town. I have also proof of her residing at doraha as I have obtained a certificate from school depicting regular attendance of my child. In the petition, her advocate mentioned that she is residing at her parent's house. In this condition, can the court dismiss her petition on the ground of filing it from wrong jurisdiction, just to embarrass me.
(2) Secondly, in case court awards her maintenance, then I want to file a case for divorce against her because after this it will be of no avail to live with her. In this situation, let us assume that neither she wants to live with me nor she wants to give me divorce, then is it possible to get a divorce from her ? In other words, will the court allow me to get a divorce from her despite her refusal.
(3) Thirdly, if in future, I get the divorce and I get married to a foreign settled girl (NRI), then though she (ex wife) is getting maintenance, will I be able to migrate with her. Will my ex wife will not create any hindrance in my migration ?
Kindly reply to the above. I shall be extremely grateful to your kindself.
Regards/MALKIAT
ajay sethi
(Expert) 16 July 2013
if your wife was staying at her parents place she could file DV case from said address . it is your case that your wife is staying with you permanently and no part of cause of action has arisen at dorha . rather than raising technical objections fight case on merits
divorce is best obtained by mutual consent . if your wife opposes your divorce application it may take years before you get a divorce . after divorce you are free to remarry and migrate to another country . better settle for a lump sum amount .
