About maintenance

chinmay (Querist) 22 December 2013 This query is : Resolved
dear sir/madam
i m a govt. teacher. my marriage was a love marriage in a temple without consent of my family. meri patni do mahina kisi tarah mere sath rahi lekin do mahine ke baad mujhe pata chala ki uska kisi aur ke saath affair hai. jab maine uska virodh kiya to usne ghar chhod kar apne mayke chali gayi.use vapas lane ke liye maine section-9 vi kiya lekin taabhi usne pehle december2012 me maintenance secrion 125crpc kiya uske thik 15 din baad usne false 498-a kiya jo avi be court me pending hai.usne jab 498-a kiya tab maine uspar 497, 379 kar diya lekin koi evidence like photo ,video nahi mila.lekin police investigation me 497 ko true bataya jisme meri patni ka boyfriend jail vi jaa chuka hai . ab is case me charge framing and gawahi bacha hai.please mujhe suggest karen ki mujhe ab kya karna chahiye. usne family court me jo 125 kiya hai usme mujhe patni ko monthly kitna dena padega ya one time alimony kitna dena padega. mera monthly salary about 30000/- rs hai. please suggest me.
regards an thankyou.

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Devajyoti Barman (Expert) 22 December 2013
The court would fix maintenance anything between 5-7 thousand rupees.

Dr J C Vashista (Expert) 22 December 2013
It depends upon number of factors such as your standard of living, liability, total income from all sources(including salary which you have disclosed as Rs. 30,000/- pm). It may be around 10,000/-pm

R.K Nanda (Expert) 22 December 2013
agree with experts.

T. Kalaiselvan, Advocate (Expert) 22 December 2013
In your case you can contest the 125 case stating that she voluntarily abandoned her matrimonial house for the sake of living an adulterous life with some body hence she is not eligible for maintenance and moreover you are willing to accept her pardoning her undesirable activities provided she assures that she will not indulge into such dirty affairs after joining you back in the married life, hence she cannot claim maintenance amount from you because of the fact that you never failed to maintain her and to prove this, you have already filed a RCR case prior to her present case against and further the proof of adulterous life is the pending police case u/s 497.This is the way you can claim a relief from all her false cases against you.