I am married since last 1 year. 4 month after the marriage, my wife left my house and
went to stay with her parent stating reasons as harassment, torture, mental stress and
all bullsh*t. 3 month after leaving my house, she registered a case (section 307 ipc)
against me and 498 against by parents in Mahila PS. When she left home, i tried to reach
her through her parents & relative but her parents refused to talk and said she is away to
delhi sometime bangalore in search of job as she is B.tech in Comp Sc & Engineering.
We however applied and received anticipatory bail from hon'ble high court for all the false
allegation that she had done. Now she has filed DV Act against me and my parents followed
by another case under Section 125 in family court asking for maintenance plus all
litigation charges. I have not applied for divroce yet but i am thinking to do so in few
weeks before the Case date which is next month.
So here, if i apply for divorce - then interim mainteance will be allowed which i need to pay.
I am not willing to go for interim maintenace and would prefer to go for one time settlement
and divorce. So is there a way to stop interim maintenance incase if it is allowed.
Some points to note:
- She is trying to tortue me and my family member by filling false allegation and mis-using the laws.
- Year of marriage is 1 year. She is not staying with me since for(Appox 7+ month) from now.
- My Wife qualification is B.tech in Computer Science and engineering. Currently she is sitting idle and does nothing but she is capable to find a job and earn.
- We did tried to go for mutual settlement but they demand a huge amount of 20 Lakhs.
If monthly income is 40,000/- then how interim maintenance will be calculated. Does loans,
medical expenses of my father (heart patient), my personal & household expenses be counted
in the calculation. Would be helpful if someone explain how and on what basis the interim
maintenance is calculated for a person income. Example like what are considered/counted -
Loans, Parent Medical expenses, Taxes, Monthly Household expenses etc.
Lastly, what is the procedure to take stay order incase if interim maintenance is
Kindly please help me..