Upgrad LLM

maintanance case


 

I am married 10 years before. We have tow childs. Now my wife have registered a complaint with SDM under 107/151. She has also registered a case u/s 125. I want to give the maintance to my wife willingly, but dont want to continue the relation. What should I do? and How much time I have to give the maintance to my wife? Is there any provision for divorce after 2-3 years of taking maintinance. Thanks in advance.

 
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Legal Consultant / Solicitor

You have to maintain your wife even after getting divorce till she gets remarried.

You can file an application for divorce to dissolve the marriage, but only under the grounds as mentioned in the code


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Lawyer in Hyderabad.wats app no.9989324294

Hindu sages in most unequivocal and clear terms laid down that maintenance of certain persons is a personal obligation. Manu declared: “the aged parents, a virtuous wife and an infant child must be maintained even by doing hundred misdeeds.”[6]Brihaspati said, “ A man may give what remains after the food and clothing of family: the giver or more (who leaves his family naked and unfed ) may taste honey at first but afterwards finds it poison.” [7]According to the Mitakshara, “where there may be no property but what has been self-acquired, the only persons whose maintenance out of such property is imperative, are aged parents, wife and minor children.”[8]A person who involves in charity or dan at the cost of maintenance of his aged parents, infant children and wife is condemned by the sages; it is like tasting honey which turns out to be poison later. During the British period, it was a well established rule that the maintenance of the aforesaid three sets of persons was a personal obligation of every male Hindu.


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Lawyer at Supreme Court of India

Dear,

 

You better file a divorce petition by mutual consent u/s 13B of Hindu Marriage Act,1955 with a settlement deed mentioning the lump sum amount you will be paying at the time of first and second motion. 

By this course or otherwise seeking divorce on the grounds mentioned in S.13, you can enter into a deed mentioning that in future she would not be given any alimony. 

And there is no provision by which paying the maintenance you can get the divorce automatically.

 

Regards

Advocate Kapil Chandna

9899011450 


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Hi

Is it necessary to appear in the the court in every hearing? Presently I am working in the Institute and getting 10K per month. If I left the job then I can say  in the court that I am Jobless. I have no earning. Is it possible?  Maintanance case is in its first hearing. Pl. guide me. Thanks

 
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Lawyer at Supreme Court of India

Dear,

 

If you planning to leave your job because the present case, then my answer would be big NO, because then she will be able to prove malafide on your part of leaving the job to avoid maintenance. Ask you lawyer to file exemption application on your behalf, so that you don't have to appear again and again.

 

Advocate Kapil Chandna
9899011450 


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