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Shishir (Manager - Business MIS)     09 July 2012

Maintenance & 498a

Dear Brother,
I always find your suggestions very practical. I need your opinion in my case.
To give background in brief about case history:

Marriage soleminsed on 6th June, 2009
Wife left matrimonial home on 16th March, 2010 (though she often used to go to her parents house)
Wife came back matrimonial house on 1st Apr 2010 late nite.
Wife left matrimonial home again on 3rd Apr and filed 498A/406 etc on 4th Apr early morning.
We got AB from high court on 20th Apr.
Trial started soon after 3 months. Now trail is at 313 stage. All accused have recorded their statements.
Wife filed maintenance case on 29th May, 2012 seeing 498A sleeping from her hand. She has demanded my flat ownership be transferred on her name and I should bear maintenance expenses of flat. Apart from that I should pay her 40k every month and I should re-imburse all legal expenses she has incurred so far.

First hearing date on maintenance case is on 7th July, 2012. Kindly advice me on below:

1. How do I go ahead with maintenance case? What should be my strategy?
2. Should I file RCR to create ground for divorce? (both of us have not filed divorce yet and I am waiting for 498A ouotcome)
3. How do I keep her engage in legal matters (I dont want to file any false complaint against her).
4. How do I find out her income details? (she is working and earning more than 25k evey month.
5. Should I try TEP or any other immunitioin through RTI?



Learning

 1 Replies

shivendra sachan (advocate)     10 July 2012

court ll never allow her ownership of any of ur property. However u may be bound for maintenance ur wife. To avoid ur liability of maintenance u ll have to prove that ur wife is able to maintain herself by her own income.

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