swapnil 29 December 2014

Eligibility of wife for alimony

Hello Experts,

I and my wife are staying apart from past 4 months, The reason of staying apart that just after 3 months of or marriage she got psycotic depression. Her laws had taken her back to her native place.she had made a police complain against me in the form of asking dowry , making blank calls (when she was with her family), giving her mental torcher - by coming late from office, vomiting of food while eating in company with her, not talking to her after coming from office.Sir i m working for an constrution company whose time are very hard ; we have to leave our home at 7 am in moring and we come back 9 pm in the evening, hence we have no social life.Before marriage i have already explained my hard working condition to her and and my in laws, but now they are aligating me as "mental torcher".They have sent me notice through asking for rs50000/- alimony, while salary is not more than 38000rs/-. Sir she had done 3 degrees, and had one year teaching experience in higher degree collage, also she take tustions of students before marriage.Sir i want to know on what basis is my wife is eligilbe for alimony as above stated, weather i should give her 50000/- as per notice by laywer. Sir i have only discharge cerificate of the hospital in which i have adimtted her when she got mental depression.Doctor`s have clearly mentioned that she had got mental deprssion and given advise to follow psyco therephy under reputed pscytrist. Meanwhile she is not ready to come back.My laws dont want to contact either me and my family , and directly put a police complain against me and my family.Sir i m an civil engineer in india`s leading construction firm with handsome payment(as above stated only). My family backgroud is also very good as my father is a government servent in state electricity board, my mother a house wife, and brother is studying mba, (we have no sister, only 4 members in family).Sir i also want to point out that she has a line from her belly to her lower part of body, i don`t whats that, when i asked her she just ignored that , and answerd me every girl has the line.Sir, i have consulted 3 advocates all says girls have more power of laws than boys have. sir can any one help me in this case, i m very depressed.

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6 Replies

(Guest)

okay. Now what is the plan? Go into some more depression or take nationality of another country other than India?

Better relax. Take it easy. Fight case based on merits

Dont worry be Happy :-))

FightForCause (Businessman) 29 December 2014

Dear Swapnil,

If you had made your mind that you do not want to live with your wife and all your efforts to unite with her not getting materialized , then u are left with only 1 option ---- Fight the case

Dear be confident, she can ask for anything but will not get even the 1/5 of the amount asked.

You need to get proofs of her education/working capability/income in your support.

You can put lawyers notice to her mentioning that even after her medical condition you are ready to live with her and take care of her....this will give you some place to stand in court and face our lower court Judges.

dont get depressed...when cases start...come to this forum for more help and guidance of various seniors and take your case forward.

Girls have more power -- Yes it is true....but they also need to prove the cruelty ....verbal submissions do not weigh much if they are not supported by any other evidences.

Best of Luck

SuperHero (Manager) 29 December 2014

Relax Brother. If you get depressed then Negative thoughts will creep into mind and your Family members too will be worried a lot.

Go consult a Lawyer and fight accordingly. They may file many cases and even ask for anything. But you have to fight against it legally.

Be Brave and have courage to face the situations.

"God helps those who help themselves"

Stay quiet for some time, Relax and Chill. Fight for the cases.

Sometimes Time will teach lot of lessons for everyone.

Silence has so much power. Sometimes silence is the best eloquent response. But it should be used when it’s appropriate.

roshuv (Manager) 07 February 2015

Brother Don't worry.

I m also working in a construction company and past 2 years facing divorce case filed by my wife. My marriage lasted only 7 months.It the woman who send me marriage request with false information. They have dragged us to their place and took all their articles (Gold ornaments and apparels only) then they have demanded 15 Lacs as alimony.

I m heavily stressed but I m still fighting the case (Feel like killing them). Put some strong defense like Adultery. Where court may deny any alimony or maintenance. Remember they can file alimony even after the divorce is granted.

Give money to Lawyers not this type of greedy family.

Best of luck dear !

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 07 February 2015

Advocates can not help much in such matters. More ever they will demand money for professional work without any assurance of results.

If really want to fight properly and wants to avoid life long cancer of payment of maintenance and alimony than you have to get out side help . That is you have to generate witness which can stand in court.

Regarding the observation of SWAPNIL about line below belly may well be of abortion or delivery by surgery. It is just guess but make further study in the matters with doctors.

Samir N (General Queries) (Business) 07 February 2015

The BIGGEST loss in matrimonial litigation usually is the stress that we husbands go through. Along the line we forget that aspect all together and focus only on the direct financial demands made. So, Swapnil, minimize your losses by giving as little mental attention as possible to her claims and her advocates. Send a simple letter to her advocate stating that you want to live with her and therefore there is no need to pay any alimony. Write to him saying that you miss her despite the fact that she is giving you a LOT of stress but you miss her because she is your lawfully wedded wife and your culture demands that you accept her or at least do your best to be with her. Keep sending letters to her advocate and to her, by registered mail or whatever so you have proofs, begging her to come back and always state that you are willing to forgive her ill-treatment to you. You see, such letters, whether you really mean them or not, will come in handy when you enter the most dreaded of all places: Indian courts.

This is all you need to do, for now. Let two years pass by and then you use these letters to seek divorce based upon desertion by her. It will be a cake walk... Do not discuss this strategy with your advocate. Make things pleasant keeping the two years goal in mind. Create an environment of pleasantness and pretend before them, for now, that you are feeling weak. YOUR ONLY GOAL NOW IS TO AVOID ANY COURT FILINGS BY THEM UNTIL THE TWO YEARS PASS BY...

Let two years go by.. and you will be battle-ready! In the mean time research into the scar that she has, your legal options based upon her mental condition, etc. Most importantly: RELAX!!! I am advising you on the assumption that you were never cruel to her, as alleged by her.