IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MUKESH GUPTA   16 June 2021

How to get rid off maintenance

My wife is leaving separately with me.She had filed 498a and DV Act case which have been dismissed at trial and appeal.She is getting maintenance since 2013 in crpc 125 and want whole life maintenance from me.She has filed revision for enhancement of maintenance in HC.I have filed Divorce case inwhich again maintenance sec 24 to be ordered.I want to stop paying maintenance.Should I file sec 9 and withdraw divorce petition? What should I do to stop lifelong maintenance.She is demanding Rs 40 lakh as one time settlement amount.Plz guide me.


Learning

 4 Replies

Dr J C Vashista (Advocate)     17 June 2021

One time settlement, through Court mediation / counselling may be preferred.

Maintenance can be granted in one application only, which has already been decided.

Instead of withdrawal of divorce petition continue it.

Your lawyer is the best person to guide you and proceed as s/he is well aware about facts of the case besides the fact the s/he is an able, competent and intelligent enough to analyse the circumstances advise and proceed, as required.

Sankaranarayanan (Advocate)     17 June 2021

Even you ready to withdraw the divorce petition is she ready to rejoin you?  So better to consult your lawyer and get clarity 

P. Venu (Advocate)     17 June 2021

Dismissal of the DV and 498A cases constitute sufficient grounds for seeking divorce.

T. Kalaiselvan, Advocate (Advocate)     19 June 2021

Filing a RCR is not a solution for stopping to give her maintenance.

In the same RCR also she may file a petition under section 24 HMA and may drag that case also endlessly on the ill advise of her lawyer or others around her.

If she is not employed nd do not have any income from any other source to sustain her expenses, you may have to give her maintenance under section 125 cr.p.c  lifelong or till she remarries someone.

The one tile settlement may not be feasible to accept owing to the huge nd exorbitant demand.

Hence you may better continue with your divorce cae and challenge her enhancement petition before high court properly.

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query