Narayan (Software programmer) 19 June 2014

Divorce and maintence

Hi Experts,

I was married on 8 Feb 2013 through arrange marriage. in the course of conjugal living within a fortnight only
she began murmuring that she wanted to live separately with me only. She raised several rejection of my parents in staying in flat. To resolve the issue, i rented a flat nearby and shifted my parents and other member of the family in that flat and started living with her separately in this flat. After one month, she wanted me to handover all my salary in her hand and she forbid me to not to give any part of salary to my parents which was not acceptable for me. Then she started living in separate room during nights and day in same flat and began
to torturing me in several ways. She also injured me with her nails several times. I am frustated with her cruelty and torturing. I talked to her parents but her parents always threatened me that if i will not do according to her then they will file 498 case against me. I came to know after marriage that her elder sister was also filed DV case against her husband and staying at her parents house since last 7 years.

Now, She also has filed a domestic violence case against me and wanted to take protection order. Now she is staying at her parents home since last two months.
Due to her cruelty and ill behaviour, I have now decided to get separation from her. this is not that i have some other girl in my life but it is not possible to live her peacefully and lead a conjugal life.

Now, my question is that:

1. How long it will her to take protection order?

2. Can i file divorce case against her and if i file, what would be
maintenance amount that i need to pay. We don't have any child and she is working in a private school getting salary of INR 3000 per month but i don't have her salary slip. I am software engineer and having monthly income of 30K.

Please advice me.

Thanks

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 June 2014

It is the duty of the husband to maintain his wife it is not the duty of others but wife can ask share in husband's property, quantum of maintanance will be decide by the court on evidance adduce by both parties.

Narayan (Software programmer) 19 June 2014

Dear Sir,

Thanks for your quick reply.

1) As i mentioned that she filed DV case falsely. only me and she staying together and there is no matter of DV. I would like one more thing that When i was out of India last year for few months , she was with her parents at her parental home. She mailed me several times that she spent whole day together with her boy friend , going into Hotels, traveling in bus and in spending day with him. She also denies when ever i asked her for physical relation. even she can not make any physical relationship with me in last 6 months. She also usually said that she will marry that boy if i leave her. Considering all these matters, i also doubt her character. I have all mails as proof. Is it not sufficient ground to nullfiy this marriage or get divorce based on all these activities. I have read an article if there is no intercourse between spouse or if spouse denies without any valid reason, one can get separation. here is link:

https://timesofindia.indiatimes.com/india/Denying-s*x-to-spouse-on-first-night-ground-for-marriage-annulment-Delhi-high-court/articleshow/12394748.cms?referral=PM

2) One thing i would like to add here that flat/propery that i have is mortage in bank and i am paying an monthly EMI of INR 11000 per month. I am now staying with my parents and other younger brothers in that flat. still Can she ask for property share ?
As i mentioned earlier that she is a post graduate and working lady and having a regular monthly income. she can maintain herself.

Please advice.

Thanks