Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Varun (Other)     25 March 2015

Maintenance for a working wife

I got married in 2013, my wife and I started living together and we had our differences and by Dec 2013 my wife left my rented house. My salary at that time was around 1.2L per month, her salary was around 40k per month.

I stayed in same place all 2014, and she didn't come back and I didn't call her back. Family mediation also failed.

Now cut to 2015, my family wants me to be happy, so approached them to divorce me, which they refused and started asking INR 5Crs. [We didnt take dowry at all.]. I moved to US and started earning way more than I used to in India.

She is still working and should be getting salary around 45k, We [me and my wife] didnt speak to each other in more than 1.5yrs and still she is not ready to divorce me. I have no intentions of getting back to her.

Question:

If she somehow agrees and if we file for Mutual divorce, how will maintenance be decided, based on my current salary or my salary when we used to stay together, I think i read some where maintenance law states that compensation should be so that wife will be able to maintain same life style as she was in marriage. 



Learning

 22 Replies

shahidkhan   25 March 2015

No maintenance for a working wife...
2 Like

Jaya Pathak (Paralegal)     25 March 2015

If the wife is able to submit proof  to the court that you had salary of 1.2 L per month when you were working in India and her salary is comparatively low, the maintenance might be given to her so that wife will be able to maintain same life style.  She will also need to prove you are working in other country with higher salary (probably she might not need to give your current salary) b'se the judge could consider that you are definitely earning more now. 

 

But the court would also consider if you have any kids and she is taking care of them. There are many factors the court will look at before granting maintenance. 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2015

No maintenance for a working wife with a good salary, but  the children are entitled. If she is well employed UR present income is immaterial.

3 Like

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     25 March 2015

Courts have regularly given maintenance if the salary of the husband is more so do not remain under the impression that working wife will not be granted any money.

 

There will be tactics to get legal divorce otherwise heft alimony will have to be paid.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2015

Though courts are pro wives, as court  feels  that they suffer more than the husbands, u need not panic,U can fight  UR case on merits. But U mentioned that U are presently in US, how R U going to fight the case staying there. U have also said that they demanded 5crs, what for?

Harrassed _by _498a (Executive)     25 March 2015

Dear Experts

please advice on the below case

1. My Salary 4 Lakhs Rs  Annum . going to submit the affidavit with All bank statements ITRs etc.

2. Wife Salary 3 Lakhs Per Annum (dont have any proof of working but she filled affidavit without any document like 3 years bank statements and ITR etc. she claimed earlier she was working.

 

please advice shall i have to submit the documents in support of my affidavits, and without following judge order is wife can get maintenance from the court..

regards

 

hb498a

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2015

Dear Sir Harassed by 498A, kindly post UR query in a new thread, though Ur query is worth advices  from the experts.

Varun (Other)     25 March 2015

The demand for 5Crs as per them is because she doesn't want to divorce me and I want to.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2015

UR presence is required for filing divorce. U said she is not interested for divorce.U R also mentioning mutual divorce, How do U expect her to go for it ? U also said there was family mediation,which failed. Were the  minor or major? Is there a chance for proper counselling for reunion? After all these are over then think of maintenance to her.

om (student)     26 March 2015

ok. after going through facts that you have mentioned.

1. maintenance is dependent on current income. if wife claims on affidavit that she is unemployed and you claim that she is employed. then it is ur burden of proof to prove she is earning. proof will be salary slip or bank account statements in original and not zerox copies. however if she claims that you are earning hefty then its her burden. more in detail explain in para 2.

2. secondly if your income in US is way more, you can shift to business consultancy to your employer instead of Tax file number. that way you are running your business and thus claim all your expenses as business expenses. meet good cpa in USA to organize to reduce your US income tax to bare minimum. all business loans interest are deductible. so organize that so that your income tax return comes to near zero income. show your house rent on business and that  it is perk from your business company to its employee. i.e director. i.e yourself. you will need to show related party disclosures in Return, but in computation portion. while in evidence you need to show only return. thus let her prove that you earn more than her.

3. thirdly if you in US for 12 months+ send her divorce notice from there. also send her US maintenance claims of wife brouchure. This will lead her to believe that she can claim more from you from US courts. send her brochure of legal help. if she joins from SKYPE in US court then she has adjudicated herself to US jurisdiction. and that divorce is valid in India. send her US tickets to come to contest divorce case in US personally. if she comes, then it is full and final divorce judgement equally valid in India. don't get bullied by Indian lawyers that it is not valid xyz they will show you one 1991 case of foreign divorce not valid in India. thats not the case. as she will come to contest in person, thats it. she got her chance and she is now divorced. in US maintenance is only provided if you tried to work and you were unsuccessful and that if you are not qualified. thus that is not your case. you can plan it very accordingly. India is hague convention treaty holder. thus us court judgements which are contested are perfectly valid, as that is what is public policy. and if any lower court judgements come that such US court divorce is invalid, file for revision or appeal in concerned high court. then go for LPA. however they cannot stop you from marrying.

 

3. dont worry about indian laws of maintenance. they will keep sending notice, x party order xyz, just get your neighbour to sign in urdu on delivery acknowledgement and later on claim that you never received the summons at all and thus such x party orders are not binding on you. when you plan to come to India, approach good lawyer from concerned high court to get such NBN warrants cancelled and such order set aside and de-novo trial ordered. however you need to do this exercise only if u wish to come to India ever. 

4. approach one local voter id card maker to make ur x's voter id form without mentioning your name or married status. get copy of the said voter ID card and then claim that she is not recognizing marriage and thus cruelty on u. this exercise is only if you wish to contest matters in Indian courts.

5. remember one thing, what chanakya said to dhanand. "sikhshak kabhi sadharan nahi hota dhananad... yadi raaste nahi honge to raasto ka nirman kar dunga..." 

 

6. due to gender biased laws in India, women get favour but dont worry, if there are not roads then I will make one to get out of this sh*t lock. let her do 498A and you merely denie everything. let her prove. police cannot arrest anyone under 498A now unless 41A crpc conditions full filled. read them.  and for to be on safer side, get your father mother to file maintenance case on you and get them to file separately. also get your parents to file injunction suit on you not to come home to you and your wife. contest it by merely signing VP (vakalat patra) and admit facts and get stay order for your parents on you and your wife. this way she can't approach your parents or you. however your parents wont say dont come ever. you can come and go as your wish.

 

7. for marriage, get married wherever you want. just make sure that photographs of your marriage should be only available to you and not even your wife and marriage registration should not be done in India. get your gf to apply visitor visa to US and then come and get married there in US with a prenup. apply for visa extension and later on apply for including her on ur visa. this way you start your life and let her turmoil in indian vag   iii   --- na lawss.

8. if you need any kind of help while dealing with law, you can message me. 

9. i love bending law while staying in four corners of law. 

 

10. i am only a LLB student yet, however life taught me critical approach by practical hardships by roaming various courts including high courts.

 

11. jai hanuman gyan gun sagar...  and  .bajrang baan... इन्हें मारु, तोहि सपथ राम की। राखु नाथ मरजाद नाम की॥

 

dar ke aage jeet hai. and be happy you got 498a wife or gf or whatever sh*t she put you through. coz that made  you MAN.

 

1 Like

Varun (Other)     26 March 2015

Awesome dude. You are right on.

T. Kalaiselvan, Advocate (Advocate)     28 March 2015

The experience that taught him a lesson that Mr. Om is able to guide you properly on most of the aspects.  However,for the present, since nothing has taken place, just do not worry about the thing which is not there, think about what  is to be done next.  Since you both have been living separately for around 1.5 years, wait for another 7 months or little more after which you can file a divorce case against her on the grounds  of desertion, you do not have to keep begging her for mutual consent divorce. She cannot demand ransom in the divorce case legally or  otherwise. If there  are possibilities to file a divorce case in US,  you may exhaust that option also because the contested divorce decree in US is valid in India and binding on her.  About  maintenance amount, she  may not be eligible to claim maintenance u/s 125 cr.p.c. but , when she puts her status to be treated at  par with you, she can claim maintenance under Hindu Marriage act.   You may consult a local lawyer too in the event of any other kind of undesirable development from her side.

om (student)     29 March 2015

Brother, Dont wait till long. you can wait for 2 years before applying for divorce. 

1. In US the no fault divorce system is of irretrievable breakdown of marriage as grounds. however while filling divorce petition in US, do mention the fact that she left you and that she is intentionally not answering your calls, messages, emails etc. thus she has deserted and/or implicated immense cruelty on you. this way US judge when writing divorce judgement, will mention this fact. however grounds will be irretrievable breakdown of marriage. that ground is not recognized ground in Indian courts and thats why such x-party divorce is not valid in india, but if it is contested it is valid. 

2. in US once the divorce petition is done, unless you withdraw with your own free will, for which i believe 3 different dates, judge will ask you 3 times if you really want to withdraw and it is not out of any coercion or xyz, the outcome is always divorce decree. so doesnt matters what she says dowry demand, cruelty, physical violence xyz, whatever she says no matter what, divorce will be granted in 1 hearing itself. hahahahahaha. 

3. your motive should be to get her to contest it. so work in indirect manner. when they receive summons, call them and ask them not to reply in divorce case. they will believe and work oppositely and they will reply for sure. thats what we call reverse psychology. it will work for sure. take my words. 

4. also tell them if they are going to reply please do not mention dowry and other things. they will act again in contrast and mention those things. thus for US courts this is irretrievable breakdown of marriage. 

5. when they send reply, file affidavit in re-joinder in US courts, denying their claims of dowry and mention that in India, even supreme court of India in XYZ case have admitted that girls are using 498A more as weapon instead of shield. and thus all false allegations. neither of them are proven yet. 

6. judge will mention all this facts plus 2 years separation and it seems it will be so forever in his judgement. however ground is irretrievable breakdown.

7. get married after 30 days of that divorce decree in US. they cannot file 494 or 495 on you. as you did not marry as per hindu rites and rituals but in American laws. 

8. let her do her game here. she will go to police. she will spend money and finally due to supreme court order on 498A nothing will happen so finally she will loose and sit home.

9. then for next 3-4 years dont come to India. 

10. Change your name and if you get green card, try to get your American passport in new name. 

11. as there is no case pending on new name and new american passport, indian authorities and cannot hold you back so enjoy... 

12. RTI is applicable in India only, but in American its vice versa. the law is on privacy. thus Indian government cant get nothing from American government, your previous name etc etc. 

 

..... lead new life. and if you get babies post the pic to your x. and mention Om Shanti shanti shanti. 

 

u see 3 shantis goes with one om. lol.

1 Like

Jaya Pathak (Paralegal)     29 March 2015

OM..... you are giving good practical solutions but there are few things I observed from all the post made by Varun & you..

 

This are just my observations and I might be wrong. 

 

First it seems he has gone to US recently after 2013 so he is definitely on work visa and probably not on greencard. Your suggestions to get income as business income is not an option for him if he is on work visa. 

 

Second, if the wife is in India and assuming she was not working in US she might not contest the divorce in US b'se she must be pretty aware that legal fees are expensive in US. Rarely people who go to US know there are ways in US to get free legal help and even if they know they dont know whom to approach. Indians are always scared of getting into legal hassels in US. 

 

Third, after contested divorce Varun might end up with having to pay alimony to his wife if she is not earning in US if her lawyer puts up a strong case. 

 

Fourth, Varun will have to pay lot of legal fees to the US lawyer if he wants to hire a good lawyer. 

 

Jaya


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