Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Krishna Kumar (Business)     15 April 2011

If wife well educated and studying more will get maintenance

Hi,

My wife is a MCA graduate, she was working in a small company before marriage (10K as salary). After three months of mariiage, she joined for higher studies without letting me know. 

As there was some issue with both of us, she left my home. Now she is telling I only asked her to leave the job. She is not joining with me last one year. All of us reconsilations are failed. Still no case filed against me and my parents.

If I file a divorce case she will file CRPC 125 or DV (may be 498a also) case for graping money. Could you please let me know if a wife educated and was working before marriage and left the job and studying higher studies, does she eligible to get maintenance. She did not told me she will study after marriage also.

Thanks, Krishna



Learning

 12 Replies

ADV Rajesh KASRIJA (ADVOCATE)     15 April 2011

r sir wht r u doing in these days r u in working or not.

Self service (None)     15 April 2011

In your case may be some amount, but you have good chances as she is MCA and was working and can maintain herself. Search for judgements where MBA wife's claim was rejected by Delhi HC.

Also she needs to prove valid reasons for leaving home as she can not just start living seperately and ask maintenance. You can search similar judegemnts on net. All above you need toprove that she is capable to reduce maintenance amount and reason why she left home.

1 Like

rakesh ajmera (advocate)     15 April 2011

Yes

Krishna Kumar (Business)     15 April 2011

Hi,

The real reason is she dont wanted to live with me is she was having affair with a guy before marriage. She was continuing with him by speaking on the phone and sending SMS after marriage also. When I came to know and asked her, she thrown me all the blame saying I am doubting her, so she will not live with me.

She decorated like I am asking her to sit at home only, so I asked her to resign the job. I am not allowing her for higher studies (Actually I was asked her to resume the job). The allegations she giving comes under DV act. So how can I come out of this issue.

@Self service - pls guide me by giving that MBA wife maintenance rejection judgement title. I will search.

Krishna Kumar (Business)     15 April 2011

Hi,

Is that the judgement you are talking about

https://498afighthard.wordpress.com/2011/01/26/no-maintenance-in-dv-if-hubby-unemployed-and-wife-educated-capable-to-earn/

This judgement says, if the husband is not working only no maintenance (pointing if both are not working and MBA - one cannot ask another to maintain. In my case, can I use this judgement.

Could you pls tell me, when discussion comes in court - should I have to take print out (paste in word and print) and submit to the court to consider or what is the procedure to point previous judgement.

 

Avnish Kaur (Consultant)     15 April 2011

file divorce very fast , let her file watever nonsense she deems fit. dont worry about retaliation.

P.K.Murali (Advocate)     15 April 2011

My sincere advise is not to file any divorce application now.  Be patient.  'Try to gather lot of material evidence against her behaviours discreetly.   If she contacts you over phone, try to record the conversations and do not loose your temper or any defamatory words.  Judgements are the headaches of advocates.  You have any children. If so, please go along with elders and try to solve the issue amicably for the sake of children. seeking remedy through court can be done at any time.  Consult a local lawyer.  Analyse, what type of cruelty you are undergoing or she underwent during your companionship period as married couple.   Pray almighty for the better solution.

Bharatkumar (ADVOCATE )     16 April 2011

Yaar, Think what is the reason for divorce? I think no metter in your case kindly u go your wife house and discuss with her and her family. If problem in our family  we try to slove it, and your wife is educated person so she see some dream for her family (u and of course your child), so u try again and i think u sucess. This is my suggestion then u do as u like.

afzal (partner)     16 April 2011

Put

Krishna Kumar (Business)     18 April 2011

Hi,

Thanks for your replies. I have made all possible reconciliations but nothing worked out. God prised me by not giving a child for us, otherwise I would have gone mad. She changed mobile # and for any mail which I sent, no replied. I went her house almost 10 times with my elders, but no one there giving good replies. My wife is not in her native, she is somewhere not telling where is she. I came to know she is studying higher studies and staying in some city.

All my relatives are fedup going there. We came to a conclusion if we are in this way we wont get any reply from them. Now I left with going to police or court, no more talks with them. In three months of my married life stuggling more then one year by separation.

Bharatkumar (ADVOCATE )     18 April 2011

O.K KRISHNA, Who is the best friend of your wife contect her/him and discuss whit her/him about your problem. U in your side full try to meet your wife if she give a chance for meet u personally alone meet your wife don/t discuss about past but discuss about feture and feture family planning. U don/t quarrale with her at the time of meeting and see she is your wife and i think she is agree with u and come with u and when she is come with u, u go for picnic someday which place like your wife. 

Bharatkumar (ADVOCATE )     18 April 2011

O.K KRISHNA, Who is the best friend of your wife contect her/him and discuss whit her/him about your problem. U in your side full try to meet your wife if she give a chance for meet u personally alone meet your wife don/t discuss about past but discuss about feture and feture family planning. U don/t quarrale with her at the time of meeting and see she is your wife and i think she is agree with u and come with u and when she is come with u, u go for picnic someday which place like your wife. 


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