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AYAN (SR. SUPERVISOR)     13 December 2012

Can my friend avoid maintenance in this circomestances

MY FRIEND GOT MARRIED IN 2008 FEB AND AFTER 6 MONTHS OF CONJUGAL LIFE HER WIFE FILED A FALSE 498A CASE AGAINST HIM. AFTER GETTING BAIL  MY FRIEND CONTACTED HER SPOUSE AGAIN AFTER 4 MNTHS AND USED TO GO TO HER  MIL'S HOUSE  OFTEN. HE USED TO REQUEST HER WIFE TO COME BACK AND START A NEW LIFE. AND NOW AFTER 4 YEARS  AFTER THEIR MARITAL LIFE THEY HAVE A KID OF 2 YEARS AND STILL NOT INTERESTED TO COME BACK. NOW MY FRIEND DECIDED TO FILE A DIVORCE CASE. MY QUESTION IS  IN THESE 4 YEARS HER WIFE NEVER ASKED FOR MAINTENANCE. NOW IF MY FRIEND FILES A DIVORCE CASE AND HER WIFE FILE A PETITION FOR MAINTENANCE IS MY FRIEND BOUND TO GIVE MAINTENANCE OR IF THERE IS ANY OTHER WAY TO AVOID IT? THANKS IN ADVAMVCE FOR YOUR ADVICE



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 4 Replies

stanley (Freedom)     13 December 2012

If your friends wife is working and is qualified than no maintanence , but for the child if both are working than both would have to contribute for the child provided custody is with his wife . 

AYAN (SR. SUPERVISOR)     14 December 2012

MY FRIEND'S WIFE IS A COMMERCE GRADUATE FROM CALCUTTA UNIVERSITY AND COMPLETED DIPLOMA IN FASHION DESIGNING. THAT IS SHE IS CAPABLE ENOUGH TO EARN BUT DONT WANT TO WORK. IN THAT CASE WHAT COULD BE THE MAINTENANCE THAT HAVE TO BE BORNE BY MY FRIEND?

rajiv_lodha (zz)     14 December 2012

Odds are against ur friend. He has 2 give maint to the child. Many rulings are there to avoid manit 2 highly qualified wife, but a long battle 2 fight. Contested divorce wont be that easy too. Why he is spoiling the life? There is a small kid, husband had condoned 498a onslaught in the past too. See if amicable solution 2wards cohabitation or MCD arises!

AYAN (SR. SUPERVISOR)     17 December 2012

Thanks Mr. lodha for your valuable suggestion. I appreciate it.


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