Divorce
john
(Querist) 10 March 2012
This query is : Resolved
Hi,
If my wife is earning more than me and has filed the divorce case on me about impotency, do stil I have to pay her maintenance. My wife is more educated than me and she can maintain herself properly.
She has filed the application of transfer of case from Pune to Delhi Supreme court.
Nadeem Qureshi
(Expert) 11 March 2012
Dear John
What do you want to know?
feel free to call
Guest
(Expert) 11 March 2012
it is necessary to prove that your wife is earning and show the salary slip in the court and the court will be lenient in it
ajay sethi
(Expert) 11 March 2012
court will transfer the case to delhi if wife is residing in delhi .
do you want a divorce?if so obtain divorce by mutual consent . if you dont want divorce contest the case . get your self medically tested to prove that you are not impotent .
if she is earning more than you then she may not get maintenance
Chanchal Nag Chowdhury
(Expert) 11 March 2012
U don't have to pay her maintenance provided U can prove what U have stated.
Raj Kumar Makkad
(Expert) 11 March 2012
Yes, you have no monetary liability in the given case if you prove what you have written above about her earning.
john
(Querist) 11 March 2012
Yes she is residing in delhi with her brother, I have moved an application if diorce by mutual consent but she and her lawyer stated that she wants divorce and also maintenance. She has put the case of me of divorce.
Shonee Kapoor
(Expert) 16 March 2012
1. Defend the case of transfer tooth and nail.
2. If MCD was filed, then why you agreed for maintenance. This would go against you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
john
(Querist) 17 March 2012
Hi
Does MCD means mutual consent? In Pune me and my lawyer was trying our best for mutual consent but she and her lawyer has been so stubborn that before the case would have been brought up in Pune Session Court, without informing us she moved the application of transfer to the Delhi Supreme Family Court.
I have not agreed for providing her any maintenance, it was just what ever she gave as an marriage expenses that Iam ready to give. I have filed an reply in Supreme Court, it has been deleted in registrars list and now its for arguements.
Does deletion from registrars list means that my case is weak? If its for arguement how much hearing does the Supreme court takes for teh decission to give.
V R SHROFF
(Expert) 17 March 2012
if u filed divorce, she can get it transfer where she reside.
She will not get any maintenance, but can claim residence. , if child, half mtn for it.
u need strict proof of her earning.
john
(Querist) 18 March 2012
SHe has filed the divorce on me, We dont have any child, I dont have my own residence, its my moms residence that I stay.
Shonee Kapoor
(Expert) 23 March 2012
Still you would need to maintain the wife/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
john
(Querist) 24 March 2012
For what reason I have to maintain, she does not want to stay with me, she has put the divorce on me.
Still I have to maintain thats really a pathetic and infact its not equl in rights of man itself, so whatever a wife feels she can do it according to her own will, because the law is with her.
john
(Querist) 24 March 2012
Do Christians have seperate laws for divorce in India or does it come under Hindu divorce act?
V R SHROFF
(Expert) 24 March 2012
do not come under hindu law.
but dv act, 125 cr pc are all applicable to you.
john
(Querist) 05 April 2012
HI,
My hearing is on 13th April I wanted to know will the decison will be given on same day after the arguements.normally how much time does it take for arguements and decission to be given.
Its with Supreme Court of India.
john
(Querist) 06 April 2012
HI,
my hearing in the case is on 13th April for the transfer of case from Pune to Delhi Court which she has put on me. Does this case can again transfer to Pune court as marriage has been solemized here in Pune or are their chances it may shift in delhi court itself now the case is in supreme court.
Shonee Kapoor
(Expert) 11 April 2012
No case once transferred can not be transferred back.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
john
(Querist) 10 June 2012
I was trying to resolve the case out of court but the amount she asked me was out of my limits. She has told that she is not working and she is fully dependent on her brother and according to it I have hired an detective and I got report that she is in Mumbai and working in the sister concern of her previous company and all the staff is also supporting her as she is very loyal and respected employee so the detective is finding dificult to find any documentary proof and also confirmed me that she is having an extra marital affair in mumbai which her brother who residing in Kalamboli is fully aware of it.She as changed two times her mobile number. She is also aware that we are tracking her.
Now my question is how can we prove that she is having an extra marital affair and she is working in mumbai and not in delhi. Kindly reply.
