498a innocent husband .. need help
Raj
(Querist) 03 December 2014
This query is : Resolved
Dear experts,
I am one of the 498 innocent husband.
Marriage was happened Feb-2012 and since the day one i am not happy.
She has cruel behaviour and always shouted me and my parents without any reason.
> Wife's father and her family supports her to lodge a complaint against me.
> 498 Case filed on september-2012 - Me and my family members(7 members)
Also she filed DV - october -2012 and maintenance-November-2012 and both are in process .
I have filed the divorce case mar-2013 after one year of marriage based on wife cruelty and that is also in process.
Here is my queries ,
1) can wife get maintenance from me because she is MBA post graduate and before and after mariage software professional.(i don't have the relevant documents and my lawyer did the cross examination - wife has agreed, she was software engineer and worked for 2 years before the marriage and also agreed post Graduate in front of Judge).
I am also the software professional and i am getting 35k per month and my parents are depending on me.
2). My father gifted property to my name before the marriage. Is there any possibilities wife demand share for that property .
3) We are not living together since sep-2012 and Is there any to get the divorce as early as possible .
Also wife demanding huge amount for one time settlement and i am unable to pay that much amount
Please suggest me .. how to come out from Hell and save my family ..
My father is BP and sugar patient and mother has problem with Gastric and Alsar.
Advocate M.Bhadra
(Expert) 03 December 2014
1)You have to pay till she got further employment.
2)During your life time and after divorce she can not claim.
3)You have to proof that she has done cruelty during live together.
Devajyoti Barman
(Expert) 04 December 2014
1. Unless you prove her employment at the material point of time, you will have to pay her maintenance.
2.She has right of residence, not share in property.
3.Divorce is possible only on the ground of divorce.
ajay sethi
(Expert) 04 December 2014
if wife has been working in past she wont get maintenance . in cross wife has admitted she is is an MBA and worked for 2 years . she is not entitled to maintenance . she may have left her job to claim maintenance
divorce proceedings take some years to be disposed of on account of heavy backlog of case s
malipeddi jaggarao
(Expert) 04 December 2014
1. It is for your advocate to satisfy the judge that your wife has source of income for maintenance and no maintenance be awarded.
2. she has right of residence, not the share in the property during your life time.
3. For early divorce, only through Divorce by Mutual Consent it is possible for which your wife has to agree for giving consent. Even if she asks hefty amount, negotiate, pay and get rid of her by MCD.
Be tactful, obtain consent for MCD and get rid of such girl from your life.
Raj
(Querist) 04 December 2014
Thank you all for your immediate responce
Raj
(Querist) 08 December 2014
Dear Experts,
I have another query, 498 case- how long will it takes.. One of my friend says max is 2 years. I am nor sure.. Please suggest.
