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dhruv (other)     30 September 2013

Alimony or maintenance in case of cruelty and desertion by w

My wife deserted me and has been very cruel during last 80% of our married life (last 2 years have been horrible) and now in last few months she filed false and frivilous 498a etc and DVC. Have filed RCR right now but mediation through that has failed. I believe I have sufficient proofs for both desertion and for cruelty. Assuming I get divorced after a tough fight in court on either or both these grounds:

- Do I have to give her alimony/maintenance for desertion?

- Do I have to giver her alimony/maintenance for cruelty?

- What if I am able to prove both desertion and cruelty?

- Since I am higher earning and assuming I prove the desertion and cruelty am I likely to get custody of my sons?



 12 Replies

jack (boss)     30 September 2013

- Do I have to give her alimony/maintenance for desertion?

No. There are lot of judgements in which courts denied maintenance in which wife deserts the husband.

- Do I have to giver her alimony/maintenance for cruelty?

Same as above.

- What if I am able to prove both desertion and cruelty?

You are through to decree of divorce.

- Since I am higher earning and assuming I prove the desertion and cruelty am I likely to get custody of my sons?

Yes sure you can get the custody of your sons by proving her a cruel mother or by proving that you can take care better than your wife.

ashoksrivastava (scientist)     30 September 2013

 

@ author before divorce a wife who  is proved to be guilty of cruelty/desertion,

is not eligible for maint. However at the time of divorce she is eligible for permanent alimony

though quantum depends also on conduct of parties.

as a divorced wife also she is eligible for maint. under crpc125

till her remarriage,in case she is not able to support herself.

'indian laws are fascinating!

regards ASHOK

dhruv (other)     01 October 2013

Thats what I was asking. Even if she deserts or is cruel to me, she will definitely get permanent alimony or maintenance after divorce or mutually have to decide for monthly maintenance ???????
 but she will NOT get it before divorce for desertion and cruelty????


(Guest)
Originally posted by : dhruv


My wife deserted me

 

Congratulations !  Headache went by herself !


and has been very cruel during last 80% of our married life (last 2 years have been horrible) and now in last few months she filed false and frivilous 498a etc and DVC.

Roaming to court halls is much more cruel and horrible than what you faced in those 2 years.  So I suggest you give it a second thought as to how u define the words cruel and horrible.


 

Have filed RCR right now but mediation through that has failed. I believe I have sufficient proofs for both desertion and for cruelty. Assuming I get divorced after a tough fight in court on either or both these grounds:

There is no tough fight in court.  Only your slippers and shoes will get worn out along with your hair, now thats one new word to define ! Tough !


- Do I have to give her alimony/maintenance for desertion?

She ran off. no need to pay her money.



- Do I have to giver her alimony/maintenance for cruelty?

She ran off. no need to pay her money.


- What if I am able to prove both desertion and cruelty?
You get divorce say in 6 years !



- Since I am higher earning and assuming I prove the desertion and cruelty am I likely to get custody of my sons?

sons?  How old are they?

if they are below age of 7 then you wont get custody of kids even if you approach SC.  So if kids are young ie less than 7 years of age then forget getting custody of kids.



(Guest)
Originally posted by : dhruv

Thats what I was asking. Even if she deserts or is cruel to me, she will definitely get permanent alimony or maintenance after divorce or mutually have to decide for monthly maintenance ???????
 but she will NOT get it before divorce for desertion and cruelty????

That depends entirely on her status of employment.  if you are earning more than her, then you will have to cough out some money. 

1 Like

Saurabh..V (Law Consultant)     01 October 2013

@Author

 

The judicial views are very clear in every case: "One cannot be allowed to take advantage of his/her own faults". In case a wife herself willfully runs away from her matrimonial home and fails to prove in court that she was thrown out against her wished, she is not liable for maintenance. It's very good that you have enough proofs. Generally people fails to collect evidence and result into atrocities against the innocents.

 

All the best!

 

//peace

/Saurabh..V

dhruv (other)     01 October 2013

I am confused - hh said that I may still need to pay her permanent one time alimony for desertion due to her lack of income - despite proving her cruelty and desertion.

and you said I dont need to give her permanent one time alimony or any maintenance after divorce??????????

dhruv (other)     01 October 2013

I filed RCR. If I withdraw RCR (only counter reply received so far) then can I still try to get divorce on cruelty grounds????


(Guest)
Originally posted by : dhruv

I am confused - hh said that I may still need to pay her permanent one time alimony for desertion due to her lack of income - despite proving her cruelty and desertion.

and you said I dont need to give her permanent one time alimony or any maintenance after divorce??????????


You are simply firing in the air randomly without any target. There is no case as such, your wife has filed 498a and DV against you and you are worrying about paying permanent alimony and what not. For all that you have to come out of the above 2 cases clean. Then approach FC to get divorce based on mental cruelty, [only if you come out clean out of these 2 criminal cases], in the mean while you will have to pay her interim alimony that too based upon her working status and your working status. How is IA calculated? Gross income - liablities = take home income. On take home income 1/3rd you will have to pay wife as alimony, only if she has filed an alimony application. Here too court will not award alimony to your wife if your wife is working and you provide sufficient proof for it, but may partially award such alimony striking a ratio say you earn 10 rs and she earns 5 rs you will have to pay 2 rs to her. And after all the allegations are proved etc. One day divorce will be granted, if not again go to HC SC, but once decree is granted and your wife files for permanent alimony, then same procedure as the above will be followed. To pay it one  shot or not if PA is awarded is entirely up to you.  If you pay in one shot, need not worry about paying each month until she remarries.

Cross the bridge when you get to the bridge!

2 Like

dhruv (other)     02 October 2013

Thanks HH, can i file for divorce on cruelty ground if I withdraw my RCR.


(Guest)
Originally posted by : dhruv

Thanks HH, can i file for divorce on cruelty ground if I withdraw my RCR.


Let RCR be as it is. You want to file divorce based on Desertion Cruelty Mental cruelty blah blah


Finally during evidence and cross, you will have to prove your allegations to be true.  Only then you will get divorce.

Even the FC will also see only one thing, compatibility, the FC will try various means to unify husband and wife, until then you would have been tired roaming roaming to courts.  In few cases, allegations when not proved divorce petition is dismissed, then again go to HC tell not possible at all to live together, other one will be telling am ready to live even now, making life hell for you.

but once you get divorce, you will have to adjust wiht the next one, come what may, you are already in second hand market, and would be in a position to settle down for a second hand one.  What am trying to put across is that, after years andyears of litigation, losing money, losing precious years, losing peace of mind and then finally adjusting with a new person in toto, why not adjust with the present devil?  Think about that one more time.


Ask her to withdraw 498a, DV and return to you to lead peaceful married life, here too it depends on what is your definition of peace.

1 Like

Manish Udar (www.Mehnat.IN)     24 April 2021

You can make an agreement at any time to pay lump sum maintenance. Meanwhile maintenance will be denied to her under section 125 if she has deserted you and you can prove the same in family court. There are a number of Supreme Court judgments in your favour. You can read details of the same on the following webpage - Supreme Court judgments on desertion and adultery in maintenance under CrPC 125.


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