Petition filed u/s 13 (1) (ia)
Querist :
Anonymous
(Querist) 24 October 2010
This query is : Resolved
Married on 19th SEpt,08, also did a marriage with her on 27th feb as per rituals in front of family and relatives.We have been going out for close to a year before marriage.We both had a good understanding and spent 9months along at my parents place, post marriage.One day suddenly my wife started quarreling if I gave money to my parents.We had a fight and she left home to stay with her parents for 1 month.She came back after mutal consent and started staying with me on demand that I will shift to my own home in one month.I agreed to the same but within few days she again fought and went back to stay with her parents.I went back to her after convincing her for a month long,then she agreed, but now she didnt wanted to stay at my own home as this was closer to my parents place, so I bought a rented home closer to her parents place,as she wantd the same.We stayed for 4 months, during which she has left home 4-5 times and again came back after 2-3 days.During this 4 months period, she has been fighting with me for giving her monthly stipuated amt.As I didnt agree she kept fighting with me all the time.One day she created a scene back at home called her parents and friends and fled away with all the stuffs given by me.I cleared the rented house and came back to stay with my parents.She sent a legal notice to me (stating a list of expenses made by her, and complaining about harrasments done to her by me and my family, and she giving money for me and my family,she claims us to be orthodox and behind her salary.Also she happens to be a co-applicant, but the house was taken by me and house registered in my name.)Thus putting all false allegations.also she claims to have done two police NC complaints, one was dated the time period when she was staying with me (which I came to know thru legal notice) and one post after she left me.Her advocate ends the legal notice by saying that I need to co-operate with my wife else legal actions will be taken by her.
I did send a reply in detail denying her false claims and Have also asked to her to come back as a part of conjugnal rights.But no reply has come from her til date.
On 22nd Oct, I got a petition put by her on 28th June which is before I even replied to her notice i.e 17th July.She has appealed for interim maintenance u/s 24 of Rs.5000 statin that I earn Rs. 75000(which is false).She claims it on the grounds of cruelty….u/s 13 (1) (ia)
I have completely lost my feelings in this relationship.feel its better to call it quits.If I put for a divorce what are the things I need to take care and do I need to give maintenance.What do u suggest as a smarter way to get out of this....
Also is it better to switch a job so that my old payslips don’t apply..
Am I eligible to give her interim maintenance…after paying my home loan I am left off with money equivalent to hers…. Also I need to support my parents and siblings.
Also what is approx fees of an advocate to fight for such cases.
Plz guide….
Devajyoti Barman
(Expert) 24 October 2010
When a suit for divorce is filed then you have no option but to fight it out in court unless you take initiative to settle it mutually. Your switching of job would not protect you from the liability of giving maintenance to your wife. Rather the new job may be considered to be more income generating one. The thing you could do is to show your savings as little as possible to keep the alimony to the bare minimum.
The advocate fees differs from person to person.
