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venkata Peddi (It consultant)     20 October 2014

Help to file petition for maintainance

Hi All,

My wife filed maintenance case in 2010 for big amount as maintenance. Though she finished and worked for some time, she is upset in life so she can't work so she asked 25,000 as maintenance. We lived very short period and no children. Due to many reasons (faults in her case) the maintenance is not granted to her yet.

In 2014 she filed 498A on me and my family and by filing FIR that i have harassed her. My honesty helped by not going to jail, but my family was in police custody one night. As every one know about police how the police work money.

Now I want to file a petition on my maintenance that she has finished M-tech and she can work. I don't know may be she is working. She has a wealthy family: her mother is government employee and her brother has job and his own business in Australia. Herr mother has own flat in Hyderabad where she is living.

She has clearly told me that she will grab money from me and use that money to destroy my life. Is there anyway that i can pay respected Magistrate to cancel her Maintenance petition. Can i ask the respected Magistrate that i can just maintain her expenses than paying money to her (hostel bills and her expense bills).

Please don't think that i am trying to escape or cheating. I don't want to be the major source to her to ruin my life. Also please help with any recorded cases or law that help my to file case.

Regards,

Venkat P



Learning

 3 Replies


(Guest)

You want to pay the magistrate?  Bribe?  He/she should be a La Dhinakaran [amassing wealth] who was to be appointed  CJI [chief justice of India] but was not due to public galata, that he had amassed wealth ie disproportionate assets.  In India, anything is possible.  You may try paying the magistrate, but at your own risk.  I advice you that do not do that.  But legally there is no procedure to pay the magistrate.  Corruption is not yet been legalized in this country.

 

You appear to have an illusion that if wife and company are well to do, she need not be paid maintenance, like that if you cant pay maintenance to wife, should your father pay on behalf of you, if he is well to do? In court each person individuality is different, you have to pay for your own misdoings [marriage].  You cannot tell judge I pay money to wife for movie ticket, and not for shopping, if you want to do like that, you should purchase the magistrate, or become your own magistrate, legally that idea is not possible.  Maintenance/alimony covers money given for food, clothing, shelter, medical expenses, all expenses met out in daily life, you cannot give money for just food, and not shelter.


Regarding maintenance, usually 1/3rd of take home income is levied as maintenance.  If she has worked before, file RTI, get details, summon her employer, previously working wife will not get maintnenance.  So, you have to prove in court.  It does not matter if you stayed with wife for one day or one month or one lifetime.  Once married, you will have to pay alimony if wife is not having source of income.


One more option is there, if you dont want to pay huge maintenance.  Bring her back, give in writing to court that you are willing to take her home, and then if she refuses to come.  Then tell court, she refusing to come, so wont pay a naya paisa.


Regarding rulings and citations, it wont help your case. No two cases are the same, each situation is different, each case is different.  Superficially it might appear that one case resembles the other and any SC or HC citation can hold good, but its not correct.  Each case is decided by court on the basis of its own merit.  So fight case based on merit with help of competent laywer.

prakash chandra jain (proprietor.)     20 October 2014

mr.peddy.you have not mentioned under what law she has filed petition for maintenance. if she has filed u/s125 cr.p.c., she will have to prove that she is not earning and moniterily dependant on you.ln taht case you have to pay you according to your financial position and not as per her demand. it all depends on what you are earlng and what you can easily pay to her. prakash chandra jain advocate indore. legal help to needy. no-09479848437

T. Kalaiselvan, Advocate (Advocate)     21 October 2014

In your post you have mentioned that due to many reasons her maintenance has not been granted yet, what are those reasons?,  You mean to say that her petition seeking maintenance is still pending before the court?,  Well what is your defence to that  and furnish more details as the case been pending for four long years without disposal?  It means your advocate is handling the case properly, then what is your problem to approach this forum, you can ask the same  questions to your lawyer itself(?),    As far as the 498a is concerned you can challenge it properly because it clearly appears that it is foisted as an after thought issue to corner you from all the sides, but  it may not sustain.  As far as the wealth and income of her parents, it has got nothing to with the maintenance amount she sought for from you, moreover you have to prove that she was employed and capable of earning but she chooses to not try for an employment as well as that she is not willing to return to her matrimonial home for the reasons best known to her hence under her voluntary abandonment of her matrimonial home, she is not eligible to seek maintenance.  You have to apprise your advocate suitably and be in touch with him constantly.


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