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venkatesh s   10 August 2022

divorce and maintenance

Sir,

I got married on 10th February 2019; my wife started harassing me from

the day one. She did not allow me even to touch her with some hidden

goal in her mind. So the marriage could not be consummated. There was

no s*xual relation between us. She stayed with me for 1-½ months only

from 10-02-2019 to 25-4-2019 as she went to her father’s house 3 times

during this period.

She left the matrimonial house on 25-4-2019 willingly on her own with

When we went to the girl place and to have a conversation she was acting someone has done witch craft to her.
But she came to our place on 04/08/2019 she took
all jewellary & other items given to her . We just took the sign of there relative who assisted along with ornaments she took .

She is now staying at her father’s residence for the last 3 ½ years.

She with her father falsely accused of accusations & other false charges she with her father she has filed the case under 13(1) ia . We have filled the case in court under 13(1)ia and 12(1)ia
giving answers to main petition she filed maintenance application under 24.
We have submitted our financial proof that 10lpa is my salary
She has submitted her financially proof (" Her monthly expense is 60k , she worked in a company for 1 year and she left the job now with salary of 18k per month ")
Her lawyer is demanding to give
maintenance from the date of case file & Rs. 30000/- for all expenses.
30k *42 months =

A wife who has deserted her husband willingly on her own and falsely

Maintenance.

Agrumants :

During arguments my lawyers explained every points like

1) no maintenance to deserted wife

2) no maintenance to idle qualified wife

5) She left on her own free will

This is wrong. If wife ran away why to pay interim maintenance.
What we have to do inorder to be careful or some points that needs to be highlighted .

Kindly do the needful.


Learning

 3 Replies

Adv. Deepak (Advocate)     10 August 2022

1. Are you ready to take her back ?

2. The only defence you may make is that you are ready for restitution of your marital life and hence question of maintenance doesn't arise.  If she refuses to join with you, it will give you good ground for maintenance.  But in that case, you will have to pay maintenance.

It is my opinion.

venkatesh s   11 August 2022

No . 1) She stayed only for period of 45 days 2) She is not consumated 3)She is well qualified to go for any job .

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT HIGH COURT OF TELANGANA AND ANDHRA PRADESH)     17 August 2022

You have a good case and you may reach out @ 8297877977

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