Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fight for justice (Consultant)     12 July 2014

Section 13 b - can a wife claim maintainence

Hello ,

Could some one please advise whether a wife can claim for maintenance under Section 13 B .

Condition:-

- Wife is working in a reputed firm and wells settled.

-wife is staying separated in the past 3 years

-wife is willing to mutual divorce where as husband is still not interested but no other choice left...

 

Its quite difficult to trust her as she is a very complex person ....she can file any case ..please suggest a best approach to deal with this situation 

Thanks

Abhi



Learning

 5 Replies

gautam (not disclosed)     13 July 2014

if she is unable to maintain herself and the kids then maintenance is applicable else no.

Sandeep Naik (Advocate)     13 July 2014

Husband should go for MCD. Before signing the petition, he can put his condition or reject her claim as she is a working lady. U have not mentioned about their issues(children) . After all, MCD is the best way rather to fight and alleging for years together and going after appeals.

Adv. Sandeep Naik

Mob : 99670 56980

Fight for justice (Consultant)     15 July 2014

Thank you all

she doesn't have kids and she was with her husbands for a period of 40 days only during 2012 ..Its close to 3 years both are staying separately ...

Now wife is interested for MCD and we have recorded her voice during the conversation .. she herself has committed that she is well settled now and the main reason behind the delay in processing for divorce was to get a job ...

In this scenario what is the best approach to proceed ..100% we can not  trust to her because she started all of a sudden she is showing her interest for MCD and asking her  husband to appear at court...

 

please advice. ..

gautam (not disclosed)     15 July 2014

If wife has shown interest in MCD, then where is the problem?

Just ask her if she has some demands to be met in MCD. If you can prove she is earning to maintain herself, then no need for paying maintenance.

Fight for justice (Consultant)     19 July 2014

only problem is she along with her family are un social person. It has been onserved that  they lie a lot and better know how to make stories to convince other..she said lot of stories and returned to her house that is the reason why we are scared to go ahead with her decision ...we are  not willing to pay a single rupees as we are  not interested for divorce .. how ever as they are staying seperatedly for more than 3 years thereis no other option left ...she has hidden her identity and hence it is quite difficult to get her details ..she some time call from her old number and express her interest to MCD...only we have audio recording what we had recently ..is there any way where we can get her salary information ??? 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register