What is the maximum alimony i might need to pay
Soft Person
(Querist) 09 June 2014
This query is : Resolved
Got married last december and my wife stayed with me for 20 days. After that she went to her parents house and she asked me to come her house leaving my parents. I didn't accept that then she asked her dresses and Jewels. Since I was in other city, I asked her to send her brother to get the dresses. My parents gave her dresses to her brother who came to collect and said to him that they would give the jewels to her parents in front of people who arranged the marriage. But after some time my wife came to my parents house and asked for jewels. My parent asked her to bring her parents, but she told them that they won't come and she won't go without Jewels. My parents with the help of her father friend, send her back to the house.
Next day we filed a complaint in local women police station and handed over the jewels to her. In written, she mentioned that she received the jewels and we haven't asked/torched her by asking any dowry. After that she went to her parents home.
After 2 weeks, she filed a complaint in a women police station near to the city where I am working and with the help of her relative in police station they harassed me. Also accused me that I have illegal relationship and asked me to keep her with me. I took her to my native place from police station and she went to her parents home after reaching our native place. Her parents house is 3 kilometer away from my house.
Again after 4 days, she filed a compliant with false allegations in a women police station in our native place where we handed over the jewels. In the compliant, she mentioned that I kicked and hurt her, and my parents poured kerosene on our body and tried to fire. Also mentioned that we asked her to bring 200 sovereign of golds and insisted inspector to arrest me and parents immediately. Inspector didn't believe in the complaint and but since my wife pressured to arrest me they forwarded the complain to District Social Welfare Officer.
Attended one round of enquiry in the Social welfare office and now I filed petition in local family court for divorce. Since 6 months was not completed after marriage, filed for an admission as well as divorce.
Within 3 months I was harassed in multiple police stations and local social welfare association. Also spread rumours that I am impotent and have illegal relationship(contradictory statement).
Am working in a MNC and earning some lakhs per annum. Haven't received any money or jewels or things from my wife as dowry. My wife is a MBA graduate and worked as a manager in finance company before marriage.
Can you please tell me what is the maximum amount I might need to give her as one time alimony.
ajay sethi
(Expert) 09 June 2014
1) since wife is highly qualified and have been working in the past she may not get any interim maintenance .
2) the court while passing order for alimony will consider your annual income
2) we cannot state what what would be the maximum amount court would award
Soft Person
(Querist) 09 June 2014
Thanks for the reply.
V R SHROFF
(Expert) 09 June 2014
forget Divorce and alimony now, as you cannot file petition for Divorce. [only 6 months of marriage]
Even when u file Divorce, it will not be granted within a year or two; So do not think of mtn & alimony now.
Concentrate on Defence 498a/ dv/ 125/406
As she allegate u of impotent & relationship, it amount to cruelty, and on proof, you get divorce, after evidence, without paying anything to her.
Soft Person
(Querist) 09 June 2014
@ VR SHROFF Thanks for reply.
Will I be able to get divorce without paying anything, if social welfare office recommends no action against the complaint after finding it as false allegations( Dowry harassment & domestic violence )?
What is maximum time any social welfare officer will take to complete this kind of enquiry?
Rajendra K Goyal
(Expert) 09 June 2014
No, divorce can not be granted merely on the report of social welfare officer.
Report submission depends upon the work load in hand and time taken in preparation of report.
ajay sethi
(Expert) 09 June 2014
thanks for your appreciation. as mentioned earlier if wife is highly qualified and working in past court may not grant her any maintenance . if wife has made false allegations in DV case file for divorce on grounds of mental cruelty on expiry of one year from date of marriage
T. Kalaiselvan, Advocate
(Expert) 16 June 2014
agreed with the opinions of experts. Divorce cannot be granted merely on the basis of recommendations made by social welfare officer, also that would not be a reason to refuse maintenance to her. The court will consider the circumstances for grant of maintenance amount to her based on the merits of the case.
Soft Person
(Querist) 16 June 2014
If Social welfare officer recommends not to file a FIR on the (false)compliant given by my wife after found it as false allegations, then this could be consider as an evidence for her cruelty right?
Will court initiate fresh enquiry after filling a FIR irrespective of outcome of Social welfare officer enquiry? Is there any time limit for social welfare officer to complete the enquiry. Initially they told me that they would call me 3 times for counselling but since bride family was not interested for reunion , they would finalize and send report based on first enquiry they conducted.
Even if I get divorce on basis of her mental cruelty, do I need to give her huge maintenance for living with her for 20 days. Haven't received single paisa as dowry or gift or any household things. She brought 15 sovereign worth of gold jewels and got those back @ police station. In fact she is holding my 3 sovereign of jewels. Marriage expense was also done by us. I bought her many dresses worth of thousands and ornaments during that 20 days. Now I feel as fooled and cheated. Never faced this much of stress in life. Now I am prepared to move forward and lead peace full life.
Why our society believes whatever women says(even though it is false/or not correct)? And why always sees men as a culprit? Men should not encourage these kind of actions or activities if anything happens to their sisters or daughters.
ajay sethi
(Expert) 16 June 2014
we have already advised you that since your wife is highly qualified and working in past you may not be called upon to pay maintenance . file for divorce on grounds of mental cruelty after completion of one year of marriage as your wife is not interested in reconciliation .
Soft Person
(Querist) 17 June 2014
Yesterday 2 constables from women police station in my native place came to my house where my parents are living. They called me for an enquiry for the complaint forwarded from CM(Chief Minister's) cell. Since I staying in other city where I am working, I told them through the phone that I will come on Friday for the enquiry. They are saying its an enquiry for complaint I have given at CM cell to expedite the enquiry process for the complaint already given my wife on me for Dowry and Domestic Violence, but I haven't given anything like that. Even they are not giving any proper information.
Can you guys clarify following things, so that I can prepared for anything.
1. Enquiry is pending @ Social Welfare Office on the complaint given by wife on Dowry and Domestic violence in the police station. Social welfare office has to send the report. Can police file a FIR now even before receiving social welfare officer's report on the earlier complaint? Looks like local police station is getting pressure from their high level office where one of my wife's relative is working. They did similar thing in the past.
2. I am working in an MNC. Do I need to quit(or Employer will ask me to quit) if any FIR filed against me? My wife's relative warned me last time at police station that they won't allow me to work anywhere in the city.
3. Can police do any enquiry if existing complaint is pending in social welfare office? Even I filed divorce in the court and its legal now. Looks like my wife was not received the notice(May be she is not accepting it intentionally).
