Prasad 31 January 2016

Crpc 125

My name is PM. I got married in 2013 and we spent hardly 15 to 20 days together and after that she went to her mother's home to continue her studies. After 3 months, i.e. after finishing her exam, I went to bring her home, the very next day she started to act indifferently and my mom informed her mother and she took her back to her aunt's home. After my advice, she was admitted to the psychiatric hospital. After spending there for 2 days, I came to know that she is a bipolar affective disorder patient and she was a patient of the same doctor while she was in hospital and admitted for 15 days during her semester exam. They hid all these facts to me and my family. After long hesitancy I filed divorce case close to 1 year, but my previous lawyer filed the case after 1 year, hence it was not considered as annulement case and filed as divorce under Sec 13. They said summons did not reach them and did not attend court. I changed the lawyer and after receiving the summon they attended the court and did not attend all the hearings. Now they have filed crpc 125 for maintenance, not interim, in her native place (another state). Meanwhile, our family tried to finish the case through amicable settlement, but they did not come for mediation too. In their petition, they said my salary is 60000 and they want rs. 15000 and in fact my salary is only rs. 20000 and I have my mom who is a diabetic and recently I was diagnosed early osteoarthritis. My lawyer told me to disclose the full salary and my friend who is working in another lawyer's office says do not do that, let them prove the salary. Please guide me what I should I do?

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3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 31 January 2016

You must approach the court with clean hands and disclose your entire salary. You have yourdself stated in your petition that she has ,mental issues and hence she cannot be expected to earn a living. Hence having to pay maintenance is inevitable, and to be very honest with you, being able to get out of thyat responsibility is next to impossible. However if for some reason the court feels that the salary you have shown is less than what you earn, then it will come down very heavily on you. Disclose that you are earning only 20k and have a good lawyer to defend the case and try and get minimum maintenance fixed for your wife.

Alternatively focus strongly on the divorce case and proceed with full steam in that case so that you can have a decree asap so as to consider remarrying.

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(Guest)

The fact is you know or you was not known at the time of marriage she was bipolar disorder patient.... As a professional i must suggest this is void marriage and you dont have to pay even single penny and i have good citations....... but on humanity grounds say..... You also liked her thats y you married her... cant there any treatment she might get out from her illness and you bothe live together again...... It's only advice dude...Its onto you what you gonna do..???

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Born Fighter (xxx) 31 January 2016

1) You will have to pay maintenance so disclose 20k as your salary to ensure you pay minimum i.e 20/3 = 6k or so. Pls show all your expenses like medical bills, loans, expenses for self to further reduce or keep amount minimum

2) Biploar PD is a chronic problem and it will not get cured permanently, howeever medicines /counselling can keep problem in check. However the million dollar question is whether the wife accepts she has this problem as such cases keep denying and refuse/avoid to take medicines.

3) what happened with you is cheating and there are many men who are victims of such fraud. Fight ur case on merits and ensure you do all that is necessary to pay her peanuts so that she will get frustrated and settle for one time alimony that you can afford. Dont waste ur time on such people. Live your life as you get to live only once, so make the best of it !

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