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My wife want maintenance of 90000 rupees under crpc 125 sec

Querist : Anonymous (Querist) 22 September 2021 This query is : Resolved 
Dear Team,

I was married in dec 2020 and she came to my home at jan 2021.She dont talk with my family member and she used to talk around 2-3hr on mobile. she dont perform household work properly and had bad habit to sleep for 4 hr in afternoon. For the same bad habit if my parents advice her the she starts quarrel. she dont respect my parents. Also she used to go back to her parents house on weekends twice in a months for any silly reasons.

My wife left my home after 5months with silly reasons. During last month i was infected with corona for around 1 month and was in home isolation. 7 days i was admitted to hospital and on oxygen and saline support only. Along with me my father and brother also corona infected and mother was ill.

She first file false police complaint and then she started threating me as her confidence boosted by false police complaint. She repeatedly saying me that my mother and father are destroying my life and she threatens me to file another complaint against my parents.
One day i discussed this problem with my parents and decided to take her to police station in order that police will try to resolve this problem. At police station she directly told that she dont want to live with me and given written complaint mentioning the same.
After next week we have counselling date at mahila cell at that counselling she said that she do not want to live with my parents but can live with me. But i said that i want to live with parents and my wife. so matter not solved..

After 2 months i got court summon for crpc 125 maintenance and Domestic violence case. In crpc 125 she demanding 90000 per month as maintenance and my salary showing as 1.8 lac per month.

Can any one help me regarding this issue?
how much maximum maintenance amount i need to pay if my salary is 1.8 lac.?
How can i avoid to pay maintenance amount beacuse she left home on her will but she also file false domeatic violence case?

Your replies suggestion are appretiated in advance.



kavksatyanarayana (Expert) 22 September 2021
To get a divorce is only after one year. Though she left the home, you have to pay maintenance to her basing on her income and your income. It depends on the proof and the court may orders as deems fit.
Pradipta Nath (Expert) 22 September 2021
What is your religion? Whether the marriage was performed under custom or legal registered? You haven't full facts!
Querist : Anonymous (Querist) 22 September 2021
i am from hindu religion.
Querist : Anonymous (Querist) 22 September 2021
my marriage performed through hindu custom process
Advocate Bhartesh goyal (Expert) 23 September 2021
Maintenance can not be avoided it is moral and legal obligation of husband to maintain her wife.Maintenance depends on income and status of husband.Better try to solve the dispute out of court.
Pradipta Nath (Expert) 23 September 2021
What you want, whether to live together or apart or provide maintenance or not?
Querist : Anonymous (Querist) 23 September 2021
@Pradipta Nath: I want to live together but dont know why she left home and what is in her mind. Also, i am afraid of she will leave home in future.
Querist : Anonymous (Querist) 23 September 2021
@bhartesh: problem is from their side. she do not want to live with my parents and i do not want to leave alone my parents. And i dont know why she file case for maintenance if this issue we together can solve through mediation.
Pradipta Nath (Expert) 23 September 2021
At first hire an Advocate. Then file a petition immediately before the Learned court before the next date of hearing regarding not to pass any adverse or ad interim order without giving you an opportunity of being heard and serve a copy to the Petitioner wife in concurrence with the court. Get it done first as per your convenience, rest shall be advanced afterwards.
SHIRISH PAWAR, 7738990900 (Expert) 23 September 2021
Hello,

You have lots of allegations against your wife so you have to take legal action against your wife for all her cruelty upon you. And you have to fight out the cases filed by her. You can also apply for mediation/counselling in court to settle the issues between you and your wife.
P. Venu (Expert) 23 September 2021
The facts posted do not suggest a cause of action for seeking divorce on the grounds of marital cruelty. You may try to defend the claim for maintenance on the ground of wilful desertion.


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