Maintenance
Rakesh Malik
(Querist) 24 December 2013
This query is : Resolved
i got married on 24 nov 2012 and my wife left my home on 27 dec 2012. we never consumate the marriage. my wife is mba and earning more then me before marriage. I have filed divorce case for null and void of marriage. My wife has made complaint in caw cell regarding harrasment and dowry. I have retuned all the goods she bought with her and no case of 498 A was registered. No fir has been made and case is closed in CAW cell.
In front of judge my wife has said she also needs divorce. My wife has also agreed that we never had physical relations. But she is asking 15 lakhs as compensation. My questions are;
1. Is there any law which force me to give 15 lakhs as compensation?
2. If no settlement is done in mediation, can judge force me to give 15 lakhs?
3. My salary is 13k. My wife salary was 15k before marriage. I am only son of my parents and my elder sister is married. My father is retired govt. employee. My mother is in govt. job. We have our own flat. I have zero liability. How much monthly maintenace i have to pay.
ajay sethi
(Expert) 24 December 2013
you can refuse to pay Rs 15 lakhs . for a wife who stayed for a month and marriage not consummated Rs 15 lakhs is steep .
court cannot force you to aceede to her demands .
you may not have to pay maintenance as your wife is earning more than you
Rajendra K Goyal
(Expert) 24 December 2013
There is no law which force to give 15 lakhs as compensation without liability proved legally.
Judge can not force to give 15 lakhs without deciding the liability.
In given facts if proved, no maintenance need to be given.
Devajyoti Barman
(Expert) 24 December 2013
If you agree not pay money as demanded, you can not be forced to do so.
However there would be chance to file false criminal case against you.
You better negotiate the amount and take mutual divorce to send the dispute peacefully.
Rakesh Malik
(Querist) 26 December 2013
if my wife says that she is currently unemployed but yes working before marriage and earning 15k. My wife is MBA.
My salary is 13k. My wife salary was 15k before marriage. I am only son of my parents and my elder sister is married. My father is retired govt. employee. My mother is in govt. job. We have our own home. How much monthly maintenace i have to pay.
Devajyoti Barman
(Expert) 26 December 2013
Sorry, if she is now unemployed then her employment would not be taken into account and you would be directed to provide maintenance to her.
The amount should be within Rs.5000/-.
V R SHROFF
(Expert) 26 December 2013
don't pay 15L
Fight.
To earn 5K from you, costing u 60k,
She cannot work for a year loosing abt 3L
so she is a looser, and no need to surrender
