Maintenance on my income or my father

she can claim even a ten crore as maintenance and claim that your salary as thousand crore as your salary.the court will decide maintenance  on basis of the salary certificate,tax returns etc.so dont worry.

your fathers property wont be taken into account while calculating maintenance

working women are not entitled for maintenance if the court thinks that whatever she earns is enough to live a comfortable living.

since you have filed divorce suit the burden of proof lies on you

non consumation owing to impotency at the time of marriage can be a ground for declaring the marriage void

Thank you sir. Your words have put my mind to ease.

The non consummation was entirely because of her. After she fled and filed a false dowry and DV complaint, my father in law (a policeman himself) refuted her allegations in writing to commisioner and SHO and demanded action against his own daughter and her paramour. He even admitted in writing that non consummation was because of her daughter. He was even my co-petitioner when we filed Habeas Corpus against her paramour. I feel I have a strong case here and hope I won't be denied justice for long.

Thank you again sir. Kindness of strangers restores some of my faith in humanity. Much obliged.

defenitely this will help you.she had also committed adultery.with all the proofs you have mentioned better file a divorce on her on grounds of cruelty, adultery and desertion (if she had deserted you for continuous two years)

When U have such a strong support of her father (himself a policeman .When did U get married? If UR query is really true,I would not recomend for a reunion.Better break away and lead a peaceful life.Other things as advised by Saravanan.

i didnt understand why you waited for one year for divorce
some thing is missing in this query because only for divorce you waited for one year and filed it and after your filing of divorce thus she filed maintenance what happened in this one year and steps to reconcile the marriage

Answer Adv.Mahesh

Originally posted by : Adv k . mahesh
	i didnt understand why you waited for one year for divorce some thing is missing in this query because only for divorce you waited for one year and filed it and after your filing of divorce thus she filed maintenance what happened in this one year and steps to reconcile the marriage

The marriage took place in 2013. I filed for divorce in 2014. My in-laws changed their address and moved to another city. Summons were served through publication. After which they showed up in the court. She sought interim maintenence in 2015.

I was told that I cannot file for divorce before one year of marriage.  Hence, I waited a year before filing for divorce on grounds of mental cruelty and adultery. During this duration, I tried my level best to reconcile with her, for the sake of my father in law. But she was adamant and refused me every single time.

Now, when it's apparent that she'll lose the case, she proclaimed in court that she wants to come back. My father in law has changed sides too and claims he never written any of the letters to police or filed a case in high court.

It's my evidence on the next hearing. Any suggestions/ advice shall be greatly appreciated.

1. Will the interim maintenece be calculated on my monthly salary or on the basis of my father's property?

maintenance is calculated on your present salary and nothing to do with your fathers income or his property

2. Is she eligible to get maintenence? She is qualified and yet choosing not to work. She was drawing 25K before she ran away.

court will decide on her present status wheater she is working or not and it is your lawyer has to argue about her capable of working but only for the sake of maintenance she filed and if she works she can earn more then you 

3. On whom lies the burden of proof?

the person who kept the allegations

4. The marriage was never consummated because of her. Will it have a bearing on the maintenence?

marriage is not consummated who told you to wait for one year and this will not be any hurdle for her to ask for maintenance

in my view you should have filed when she left your house as she was forced to marry you by her parents and the marriage is null and void in the eyes of law and now the allegations kept by you are adultery means you have to prove with evidences

Thank you Mahesh sir. Initially, I was under the impression that she may be a victim of blackmail as alleged by her family. So, I thought I should give her a chance to explain herself. Later her own family gave me proof against her. But when she was back, they turned against me. My advocate and the ones I sought advice told me to wait.

Dear sir, even If I fail to prove adultery, wouldn't I be given a divorce on the basis of mental cruelty? Which I believe I would be able to prove with ease.

yes you can go for divorce on the grounds of cruelty.collect as much proofs as you can and then proceed with filing the divorce petition

Your father has agriculture property worth 12CR, there is the problem. Though maintenance will not be decided on the basis of your fathers income but still your wifey has a reason to prolong the litigation by demanding a share of that property purely by harassing you. This is what most women (who misuse women laws & selfish ) do when they come to extortion in divorce cases.

Your case once it ends then she cannot claim anything from you otherwise she will continue building pressure to surrender and pay hefty alimony.

But dear, dont budge & be firm !!! Dont pay a single penny to such greedy person, rather fight the case on merits and stay patient.

first think what best you are having evidences of adultery as from your query i think you have already filed on the grounds of adultery then anazlye the evidences because from that if you can prove then you get divorce without any strain but if you cannot prove then it will back fire you

so try to mediate her from any other person whom she or her family listens for MCD without any alimony as you have some evidences from which you can negotiate for MCD

Originally posted by : Adv k . mahesh
	first think what best you are having evidences of adultery as from your query i think you have already filed on the grounds of adultery then anazlye the evidences because from that if you can prove then you get divorce without any strain but if you cannot prove then it will back fire you so try to mediate her from any other person whom she or her family listens for MCD without any alimony as you have some evidences from which you can negotiate for MCD

Dear sir, we already tried to amicably sort this matter. They wanted the amount in cash and they were only ready to sign an affidavit that they consider this marriage dissolved and we will never file any case against each other in future. and both of us are free to marry again.

They refused to go for MCD. Later, her father told me he doesn't trust her daughter and he is helpless.Then I filed the case on grounds of mental cruelty and adultery.I have some solid evidence that I hope will win me thsi case.

But the court at Gurgaon is too slow. It has been a year and I am yet to present my evidence. Can I file for a speedy trial?

I am greaful for the advice, honorable forum members have provided me so far. I shall post my experiences as the case unfolds and will strive to repay some of the favor that I owe to this forum and its wondeful members.

look for the essential things that you need to prove adultery in divorce.yes you can file a petition in the high court for speedy trial and also to specify a time limit for the case