LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Want to Live (NA)     21 May 2013

Alimony for divorce

Hello,

498A,406,34 IPC,125 crpc, DV cases filled by wife.

All the dowry & stridhan returned back under 406.

On last date in front of i have given a plain paper to my lovely wife & asked her written the conditions for her coming back & i will signed it blindly. she refused to come back stating death threat in matrimony house. i said i am ready to become Ghar jamai at your father's house & pay rent for the same. she again refused to cohabit. then i said now what you want she said divorce....then judge starts laughing 

Now my question is 

FIL/wife showed Rs 4.20 lac expenditure on marriage in her FIR registered & dowry articles/stridhan.

I have returned back all the dowry articles/stridhan u/s 406 to her. now she is asking for 10 lac alimony as divorce.

I am not giving her dovrce, she asking for divorce... then even she is asking the amount more than doubled than her expenditure. 

Is it legelly permissible??

Regards

 



Learning

 5 Replies

Adv k . mahesh (advocate)     21 May 2013

women has a power to demand what they want even she can demand 20 lakhs and will get that amount from your pocket for her extra expenses 

try to convince and settle a lesser amount with her and take divource but do not pay the amount immiedtely after you get divorce pay through DD before the migistrate and take acknowledgement on the pettion

Adv Archana Deshmukh (Practicing Advocate)     21 May 2013

@ Want to live,

 

If you are OK with paying 10 lac amount, then there is nothing ‘legally impermissible’ about it. The amount of alimony generally is a matter of negotiations between the parties depending upon your income and the income of the wife, if any. You can choose to put the condition to her to withdraw/quash all her cases filed against you and part ways by MCD and give her alimony by negotiating with her to an agreeable amount or you can choose to fight out all the cases and prove in the court that it is she who has deserted you and avoid paying her alimony. The choice is yours..

Anjuru Chandra Sekhar (Advocate )     21 May 2013

It is not necessary that you pay alimony to her.  However as S.498A is hanging over your head, you may not like to live with the case dragging on and on and visiting court.  So settlement option is accept the offer, ask her to sign MCD and file for quash of all proceedings under S.482 cr.pc. in High court stating that a settlement has been reached at by the concerned parties and as part of MCD all the amounts demanded have been paid off to the wife, hence all proceedings may be quashed.   In fact there is no one to guide you.  If you had done this when you paid that dowry amount and stridhan, they would not have had another chance to demand ten lacs from you.  As there is no one to guide you properly, you are being again asked to pay ten lacs.

 

Other option, fight in criminal court against S.498A and contest her divorce petition.  Let court decide the amount of maintenance of alimony.  Generally court gives option to husband either maintenance or alimony.  You have to choose between two.  If you contest the case nicely and prove that she is at fault, you need not even pay maintenance or less amount as maintenance.  Take personal care and keep informing what is happening in one maintenance case (if any judgment comes) in another court.  That is to say, if criminal court decides maintenance issue under S.125 crpc first inform the family court that one court has already ordered me to pay maintenance, hence whatever amounts that you may order may be ordered keeping in view the amounts already ordered by criminal court u/s.125 crpc.

shriks........... (healyhcare)     21 May 2013

mr. chandrashekar has suggested well.....
give time......negotiate....you ight save few lakhs........ females hurry age factor.......use mind over heart......


(Guest)
Originally posted by : Want to Live


Hello,

498A,406,34 IPC,125 crpc, DV cases filled by wife.

All the dowry & stridhan returned back under 406.

On last date in front of i have given a plain paper to my lovely wife & asked her written the conditions for her coming back & i will signed it blindly. she refused to come back stating death threat in matrimony house. i said i am ready to become Ghar jamai at your father's house & pay rent for the same. she again refused to cohabit. then i said now what you want she said divorce....then judge starts laughing 

 

Yes she wants divorce.  Just play cool as I had already told you once.. women cannot wait to get remarried.. coz shelf life is little, no takers if they cross a certain age.



Now my question is 

FIL/wife showed Rs 4.20 lac expenditure on marriage in her FIR registered & dowry articles/stridhan.

I have returned back all the dowry articles/stridhan u/s 406 to her. now she is asking for 10 lac alimony as divorce.

I am not giving her dovrce, she asking for divorce... then even she is asking the amount more than doubled than her expenditure. 

Is it legelly permissible??
What legal?  ha ha ha... what legal in this I cannot understand.  


Its pure extortion.  she could not go loot a bank, with bajarangi like in mentos ad, so she is thinking of looting you.  Age on your side, just keep calm, she will agree for peanuts to let you free.
Regards

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query