Sam 21 August 2016

Maintenance

Hi,

I am yet to file divorce based on mental illness and cruelty as grounds for divorce. I have few questions if someone can help me with.

1) We are yet to discuss with wife's family on MCD via colony members. If wife doesn't agree, then is their any benifit in filing the case first from my side?

2) What if wife ask for maintenance that is way beyond my finances, say 20 - 50Lacs. Will the court agree to the amount?

3) I have few previous recordings (audio / visual) with me. However, I had to cut paste these recordings, due to space issues on mobile to external Hard disk. Is it still valid? Does such recordings have any weightage in my case?

Please help.

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3 Replies

adv.bharat @ PUNE (Lawyer) 21 August 2016

No benefit of filing first case.

After filing case court will decide the maintainance.

Yes under IT act 2000 such evidence had value if verified by SMS.

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saravanan s (legal advisor) 21 August 2016

Whoever files the case must prove their allegations to get divorce.court won't straightaway grant maintenance as asked by your wife.it will look into variety of factors before deciding the maintenance amount.whatever call recordings you produce will be anyhow sent to a forensic expert

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whatnot 22 August 2016

In order to avoid future calamity, all meeting options should be exhausted by husband.

If you approach court at first instance then you will be giving option to wife to open can of worms and it will be disatrous.

What you claim to have as proof may or mayn't stand in the court of law. There will be enough law acts that will be thrown at you even before submitting evidence.

Restrain. Involve elders. Be fair. Maintain coordial. Let time heal the process. If all fails, you need to be separated even before you can apply Divorce. Lack of respose from wife may only allow RCR option to you. But not divorce. Unless your records prove otherwise