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Ravi Kumar (Manager)     25 March 2011

Need a helpful advice towards maintenace

Sir,

During my 18 years marriage life my wife behave was never good with me and with my relatives she used always rude lenguage and try to fight with me without any reason when i came back from my office,due to her such as behave i decided to live on rent at another place then after she filed a case against me of 125 for maintenance in tis hazari court but her application rejected by lady judge because she shown her that she is doing tailoring job for earning money,then after she filed her application for revison in another court and this court ordered that i have to pay 15000.00 pm to her while my tolal income is 24000.00 pm and out of it i have to pay Rs.10000.00 pm my laibilities like my SIP,Insurance premium, mediclaim etc.My lawyer advice me we have to apply in delhi high court against this order.Now i need a help what should i do now i have only 14000.00 pm cash in hand in which i have to pay my convience,elec. bill, Mobile bill. etc .I am self made person and if i granted her condition i will come on road because she wants more........i have tried to convince her several time but i think she want to ruined me only.my divorce case also running in court and we dont have any kids. she has spoiled my all image in sociaty . without any reason she called police on 100 no. to distur me . i have totaly depressed now i am unable to think what should i do .... please help me what should i do



Learning

 4 Replies

Tajobsindia (Senior Partner )     25 March 2011

@ Author

Your ld. Advocate advice is on right footings, follow him with faith.

 


 

Manoj kumar sahu (student)     25 March 2011

Have faith in judiciary no one can take ur salary go to the high court if she is claiming maintenance on the fictious grounds.

Ravi Kumar (Manager)     25 March 2011

Thanx to all for your helpful reply .Neither she is ready to give me divorce nor she want to live with me i am ready to pay minimum maintenace .because now i want to restart my life with some one else and wish live a peaceful life but i know its not possible in my life because she will not give me divorce . in this situation what should i do ? she tells me i can get remarry with any another woman if i five her share in my property but she will not give me legal divorce. And i know very well its procedure is too long while i am now 44 yrs. i think my life has spoiled totally.

Tajobsindia (Senior Partner )     25 March 2011

@ Author

I take liberty to rephrase my first advise. Just now I re-read your first post and I see it is 18 years old marriage! The change I am making in my one liner post is to advise you as follows;

1. Be in her shoes and think what you shall deserve out of a almost two decade old marriage in whatever way you two spent it till date!. Where she shall go no matter marriage was never rosy all these years? So if she says she is willing to give divorce on compensation then why you are avoiding even if she is working in profession of tailoring or like?
Reasoning: It is cheaper that way in long run.


and/or



2.
Sit with her and discuss things out and come at a reasonable amicable solution as way out. Even if you win at HC then also one day or the other a divorce suit is bound to be filed - right ! And in it alimony one time needs to be met which no one can foretell but given to understand your age and almost 18 years old marriage she is atleast entitled for 2-4 L if this is case of Delhi plus add years of litigation and as supplementary add ld. Advocates fees now see what pops out of all these exercise?
Reasoning: It is going out to be cheaper to discuss and arrive reasonable solution at this mid life crisis age. 


or



3. Spend time come what may be as per advise of your ld. Advocate by meeting her at HC and then praying for mediation to iron out differences and quickly get over with both of your life.
Reasoning: You may follow this advise only if you see probability that by parting some part of proceeds of property and or in liu cash / kind both of you can part amicably. I suppose no kid out of the marriage ?


Concerning having another flame kindled in life when your present marriage still live, I donot wish to comment on a g/f in life other than that one should make a full stop to present lifestyle to start  fresh a new lifestyle with new beu etal is right way instead of keeping past also alive .....


Further concerning out of 24 K minus your liabilities and balance in hand I donot see any issue of sustaining price index liabilities when a person has major overhead (property) taken care of especially in Delhi Vs. she probably sitting at her parents home probably tailoring profession engaged as and further refusing to join you U/s 125 CrPC and case yet not come to evidence stage to confront her on ‘reasons’ not to live with you etc. etc. stages of litigation chapter as it is too early an logical legal matrix situation when HC appeal is being thought off for interim maint. challenge and what you expecting HC to please you with ! (not much man also depends upon which Bench the case may get to however no harm trying as one should try out all stuffs called family law to once satisfaction before surrendering but all on reasonable grounds keeping age, health, factum of period of marriage and outcome one expects mixed targets / goals in life etc. etc)


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