Maintenance
rohan sharma
(Querist) 21 September 2012
This query is : Resolved
Dear Experts
Although in past i made some queries which was replied. I have another query regarding maintenance.
Earlier my wife filed section 125 in July 2010, which was withdrawn by my wife on the basis of certain printed conditions which were decided during Meditation ,
***(Her conditions was not acceptable to me but still i aceepted her conditions as i was thinking that my relations will be improved)***
She joined me in Jan 2012, she was living 15 days with me and 15 days with here parents and in the month of September she told me she can not live with me in small city. Her sudden decision surprised me, to guard my self from any false cases, i informed to police in her presence to police. In the presence of police she give statement,she is going back because he did't fulfilled his mediation conditions and signed it and returned back to her parents home. After reaching there , after 6 days she filed 125 against me.
Now my question is :
1. what could happen in court if she gives false statement in front of judge, that i did't fullfilled mediation conditions ? will the lady judge will be in her favour and believe her being a lady.
2. My wife is Physiotherapist, She is working somewhere, but i don't know where? she also take home visit but i neither can proof that where she is working nor i can proof where she go to take home visit(Home visit charges is approx 300 Rs per hour). What should i do ? as i living 300 KM far from my wife, where she is residing. And taking leave is very difficult for me.
3. I have 2 years old daughter, my salary is 35000/-, What maintenance court can impose?
4. My wife is independent Doctor practising as a physiotherapist,but i don"t have proof . Can still judge can decide maintenance for her. and overall what could be it.
I am 37 years old, till date i have not filed divorce.I am looking for your valuable advise. Kindly guide me
Regards.
ajay sethi
(Expert) 21 September 2012
if wife is highly qualified and left her husband without any just cause you would not be liable to pay maintenance .
draw attention of the court to the fact that she is a physiotherapist and that she is in a position to maintain herself
contact a local lawyer . however you would be liable to pay maintenance for your daughter .
ajay sethi
(Expert) 21 September 2012
if your wife is aggreable take divorce by mutual consent
V R SHROFF
(Expert) 21 September 2012
Delegate job to collect proof of your wife's visi & earning. It will reduce your burden of mtn. [ cannot nullify as ur D]
Try understand each other. Change to suitable comfortable residence.
Educated and earning wife means probable disputes, that disturb married life. Understanding & endeavour to share happiness can cure it.
Ur problem does not call for divorce & 125 etc. There is no matrimonial offence.
Devajyoti Barman
(Expert) 21 September 2012
1. After completion of trial it would be decided who is speaking the truth Till then you may have to provide her interim maintenance.
2. Highlight this issue. The court then may lower the amount of maintenance.
3. Around 1/4-1/5 of your income unless you prove her income.
4. Yes but the qunatum may not be much.
Best of luck.
