Divorce, dv, 498a

Dear querist,

Wife doesn’t have any right on ancestral property during your life time.

In case your wife is earning and you are unemployed then you can claim maintenance from her.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Originally posted by : Menofhonor
	Wife filed 498a, dv, 125c, 119,118 maintanance. 50lcs and 30k per month.she also wants share in my parents home. I knew she would do this, therefore, im unemployed since one year now 3 years into marriage, one child. Can i file for maintainance as im not working? Also, no matter what happens, i wouldnt give her a single penny or share in parental property. Please help

If you can prove that your wife is working then your wife is not entitled to get maintenance but you have to pay maintenance for your child.

Thank you very much for clarifying.

This is what i told to my lawyer. He said since you married her and brought to this home, therefore, she will have to take some share in property. 

It was arranged marriage.

She does work, earns around 6000pm. I would like to file maintanence from her

1. In either of the above mentioned case(s) you can not claim maintenance from your wife, which is applicable in a case u/s 9 or 13 or Hindu Marriage Act, 1955.

2. Even if you are unemployed and she is working you will have to pay for your son and wife taking your income as per Minimum Wages Act even if you are unemployed, and your financial status etc.

Originally posted by : Menofhonor
	Any possibility that i take the custody of the child? I just want to pay her anything.she will turn the daughter just like her and later when she marrries a man-the man will suffer like me. Im also sure she will never divorce me.keep extracting money from me. I would rather stay in prison than paying her anything. Is the flase charges or 498a and dv are proved wrong, where will this case turn to? Also she has stated in her draft that i paid nothing during the time of delivery of the child.but my insurance company paid rs 65000.also, the nurse said to go to naturally wit the delivery, but her mother insisted surgery, hence, rs65000 was the total bill. Can this be used as strong evidence?

First focus on winning maintenace case as suggested above that giving maintenace only to child and not to her.

Also file seprate case for child custody and visit right.

Once you got the order of visit right and court denied maintenace to her, she will come for mutual settelment.

Bil paid by insurance company is in your favour.

Once DV or 498a proved false you can file the case of divorce, as filing the false case is mental cruelty upon you

Originally posted by : Dr J C Vashista
	1. In either of the above mentioned case(s) you can not claim maintenance from your wife, which is applicable in a case u/s 9 or 13 or Hindu Marriage Act, 1955. 2. Even if you are unemployed and she is working you will have to pay for your son and wife taking your income as per Minimum Wages Act even if you are unemployed, and your financial status etc.

I read that hindu marriage act does allow a husband to claim maintenance from his wife, if unemployed.

Originally posted by : Sachin
	Originally posted by : Menofhonor Any possibility that i take the custody of the child? I just want to pay her anything.she will turn the daughter just like her and later when she marrries a man-the man will suffer like me. Im also sure she will never divorce me.keep extracting money from me. I would rather stay in prison than paying her anything. Is the flase charges or 498a and dv are proved wrong, where will this case turn to? Also she has stated in her draft that i paid nothing during the time of delivery of the child.but my insurance company paid rs 65000.also, the nurse said to go to naturally wit the delivery, but her mother insisted surgery, hence, rs65000 was the total bill. Can this be used as strong evidence?     First focus on winning maintenace case as suggested above that giving maintenace only to child and not to her. Also file seprate case for child custody and visit right. Once you got the order of visit right and court denied maintenace to her, she will come for mutual settelment. Bil paid by insurance company is in your favour. Once DV or 498a proved false you can file the case of divorce, as filing the false case is mental cruelty upon you

Thanks, i will focus on maintenance, Custody. dowry and dv first.
She lied to the court that she paid the hospital charges, isn't there any punishment for her?

Originally posted by : Menofhonor
	Originally posted by : Dr J C Vashista 1. In either of the above mentioned case(s) you can not claim maintenance from your wife, which is applicable in a case u/s 9 or 13 or Hindu Marriage Act, 1955. 2. Even if you are unemployed and she is working you will have to pay for your son and wife taking your income as per Minimum Wages Act even if you are unemployed, and your financial status etc. I read that hindu marriage act does allow a husband to claim maintenance from his wife, if unemployed. Also, im 31 and not been working for 13 months now. Even if i apply for any job- i wont find a entry level job because im over age for that. For middle level management i have a gap for 13 months. If somehow the court orders for me to pay maintenance, that i wont be able to pay, what is the length of jail sentence?

Your understanding of maintenace under HMA is not correct.

Husband can claim the maintenance from wife, but to  get that you need to prove that you are "not capable to earn" and "not because of unemployment"

The same principle applies for women also but because laws are biased towards women they usually get the maintenace on ground of unemployment for some limited time but no court will allow maintenace for husband on the ground of "unemployment"

Your profile suggest that you are from Delhi and in delhi if you file divorce case against women you need to pay Rs 11,000 to your wife as interim litigation charges.

Originally posted by : Sachin
	Originally posted by : Menofhonor Originally posted by : Dr J C Vashista 1. In either of the above mentioned case(s) you can not claim maintenance from your wife, which is applicable in a case u/s 9 or 13 or Hindu Marriage Act, 1955. 2. Even if you are unemployed and she is working you will have to pay for your son and wife taking your income as per Minimum Wages Act even if you are unemployed, and your financial status etc. I read that hindu marriage act does allow a husband to claim maintenance from his wife, if unemployed. Also, im 31 and not been working for 13 months now. Even if i apply for any job- i wont find a entry level job because im over age for that. For middle level management i have a gap for 13 months. If somehow the court orders for me to pay maintenance, that i wont be able to pay, what is the length of jail sentence?     Your understanding of maintenace under HMA is not correct. Husband can claim the maintenance from wife, but to  get that you need to prove that you are "not capable to earn" and "not because of unemployment" The same principle applies for women also but because laws are biased towards women they usually get the maintenace on ground of unemployment for some limited time but no court will allow maintenace for husband on the ground of "unemployment"   Your profile suggest that you are from Delhi and in delhi if you file divorce case against women you need to pay Rs 11,000 to your wife as interim litigation charges.

Thanks for the response.

I read that wife was asked to pay for maitainance (only few instances).

Even though court orders me to pay for maintainance, i have nothing. Wont be able to pay.what is the sentence then?

Yes, im in delhi. If i file in non metro city? What would be the inetrim litigation charge?

My last salary was 37k per month. 2 loans amounting to 11000, 50k credit card bill

You may face a huge problem because of maintenace case, if you don;t prepare for it now.

Because court will allow maintenance for your child and may be for your wife even she is earning Rs 6k  ( on the ground of living on same level as she was living with you befor cases)

Court will decide the maintenance amount on either of the 4 grounds.

1. If she proved your previous salary is 37K

2. She will give an affidavit showing standered of living before these cases.

3. Your present salary. The unemployment argument will not work because court will  think you are lying and it is your legal duty to take care of child.

4. In absence of all above 3 points court will assume your salary as per minimun wages act.

Solution:

You should immediately join a job with salary not more than 10k. And court will allow maintenace around 3-4 thousand.

Don't file any divorce case because she will ,in reply to your divorce petition, file interim maintenace application and court will decide her application first. and divorce case runs for years and you will be paying to your wife and lawyer for years. So only focus on winning maintenace case. Once you win she will automatically comes for settlement.

Originally posted by : Sachin
	You may face a huge problem because of maintenace case, if you don;t prepare for it now. Because court will allow maintenance for your child and may be for your wife even she is earning Rs 6k  ( on the ground of living on same level as she was living with you befor cases) Court will decide the maintenance amount on either of the 4 grounds. 1. If she proved your previous salary is 37K 2. She will give an affidavit showing standered of living before these cases. 3. Your present salary. The unemployment argument will not work because court will  think you are lying and it is your legal duty to take care of child. 4. In absence of all above 3 points court will assume your salary as per minimun wages act. Solution: You should immediately join a job with salary not more than 10k. And court will allow maintenace around 3-4 thousand.

What are the consequences for not paying maitainance? Just asking.

She has stated in her plea that my father has 2 pension, the 2 elder brothers have a very high paying job.she is asking 30k in non metro city.

This is just insane paying an abuser money. Could you please refer to some consequences? Please

She has also stated in her plea that i have abandoned her for the past 2 years. Im not in india since last year. She was living with my parents. I doubt if she can prove my dalary was 37k. I wpuld talk to her less as she woukd only cuss.

My focus is 498a and maintainance.

How about if rather working a job, i'd go for a vegetable shack and sell. 5k per month i can sell. Im also diagnosed with spinal stenosis. Cant work in front of the computer or any hard labor. Will this have any relief for me?

I know the laws are against men, but i m ready to make this case an example for men to fight and try to win.

Originally posted by : Sachin
	Don't file any divorce case because she will ,in reply to your divorce petition, file interim maintenace application and court will decide her application first. and divorce case runs for years and you will be paying to your wife and lawyer for years. So only focus on winning maintenace case. Once you win she will automatically comes for settlement.

Already feeling the heat by paying lawyers.

How to fight 498a? Neither i nor my family have ever asked any money from her