Upgrad LLM

is wife eligible for maintenance, if non filing cases

Business

Hi,

My wife did not filled any case against me as I did not do any mistake. She had some affair and left my home by fighting nonsense reason. I failed Divorce petition near 2 years of separation.

In the mediation center, the mediator telling I need to pay to her because she did not filled any case against me. She also gives example like after 5 min of marriage lots of girls are filing false complains, you did not get any such complaint. So give money to her.

I am confused, is it a criteria to give maintenance to the wife? Wife is well educated and she was working before and during marriage. She left job herself and blaming me now I asked her to leave the job to grap the money from me.

Pls guide me how to go ahead.

 
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director

i don't understand when there is no case in court.. how the mediation come in picture.

if she is asking for some money.. amicalbly.. then you also ask her for mutual consent for divorce.

 
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service

Wife is entitle  for maintenance under law if she is unable to meet / maintain her expenses. But as you know law helps  those who wish its help. You wife need to file a case for maintainance and alimony and demand her legal rights then only you need to pay. 


 


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LAWYER

You have not mentioned yr wif'e's qualificatiion, if she is post-graduate or doctor, engineer, mba then she won't get maintenance there are high court/supremem court case laws

you contest your divorce petn...

only to curtail the time, energy, money cost in litigation....

if her demand is reasonable...you can say yes, which you know better.

 

Anamika vichare

anamika_vichare@rediffmail.com

Family Court Lawyer, Mumbai

Purush Hakka Saurakshazn Samittee


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Business

Hi Anamika,

Thanks for reply. She is post graduate did MCA. She was working as software engineer at reputed organisation.

She demanding 35 lakhs where my marriage lost in 4 months time. She is not working intentionally to grap the money from me. She is ready to give divorce only if I give the demanded amount otherwise she wont accept for divorce.

Pls let me know, what is the legal action I can take against her.

 
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Dear Krishna,

 let the divorce pettition to proceed and prove that she deserted you on her own will. In such circumstances she is not entitled to alimony/maintenance on following notes.

1. her willful desertion

2. no proof to cruelty meted to her

3. Evidence of her past earning through IT tax filed and shwoing that she is capable enough to earn

4. Any evidence that proves her affair ( provide only if it is very very authentic and in teh form accepted by court)

It is not that she is filing cases against you, she knows now without solid evidence getting implicated you in DV, 498 is time consuming and futile process. Please dont show any leniency, and go ahead may take 1 or 2 year, but 35 lakhs is sure more money unless you are a billionaire

Regards

Mani

 


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Hi Anamika thanks your valuable inputs.

Can you please advice aftre 7 years of marrige due to her cruelty I had to leave my house leaving all house holds. I have been leaving saperately for last one year with my mother who was also forced to leave her own house and stay in an old age home. I have been regulary paying my 6 years old kid school fee and house rent till march 2014, aftre that School fee and only his expenses.

My wife is well qualified BA, B.ED and had worked during the marrige also She is working and earning 20,000 Rs in Cash ( No Bank Transfer ), she is also working part time as an LIC agent.

She has filled  complaint in CAW Cell, Delhi and going through mediation.

Can she still eligible for Maintenance? she is demanding 25,000 Rs.

 
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Hi Anamika thanks your valuable inputs

Can you please advice aftre 7 years of marrige due to her cruelty I had to leave my house leaving all house holds. I have been leaving saperately for last one year with my mother who was also forced to leave her own house and stay in an old age home. I have been regulary paying my 6 years old kid school fee and house rent till march 2014, aftre that School fee and only his expenses.

My wife is well qualified BA, B.ED and had worked during the marrige also She is working and earning 20,000 Rs in Cash ( No Bank Transfer ), she is also working part time as an LIC agent.

She has filled complaint in CAW Cell, Delhi and going through mediation.

Can she still eligible for Maintenance? she is demanding 25,000 Rs.

 
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