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karthik (divorce applicant)     25 September 2013

Suggestions on avoiding maintenance to working wife

Wife filed 498a, and she is not ready to join with me, tried different ways to convenience them to go for a MCD but they denied and annoucing she is not going to give divorce or not going to live with me..

Based on the facts my lawyers filed divorce in my native with out going for RCR, so she approached SC to tranfer case to her working place she is working in an IT company in bangalore, me too though work for an IT company in banglore i stay in my Native doing work from home in AP, so i didn't contested the TP in SC now it got transferred to Bangalore..

i know i did mistake by wasting 2 years and also not going to file RCR before filing divorce..

in reply to my divorce petition my wife mentioned like she is ready to join and live a peacfull life with me and denying all my alligations as false, so my questions to experts and all the community friends 

1. it is know fact that she is not ready to join me but on papers she mentioned she is ready to join, so based on this facts can experts advise me how to face her in mediation if she says she is ready to join.

2. though i work for IT company in bangalore in stay  in my native in AP, suppose in mediataion i asked her to come and join me do court ask her to go and live with me in my native. as we last stayed in bangalore before we left apart.

3. she earns more salary than me so are there any chances her to file for interim maintenance or any other litigation chareges on me and if so how can i avoid?

please suggest me/put your valuable comments on my above queries

 

 



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 8 Replies

great india (manager)     25 September 2013

1.start a live in.....forget her. 2.get noted that she not willing to stay. 3.transfer tantrums are delay tactics. 4. She must be expecting huge alimoney like mine. 5.contesred cases take time. 6. 498 and refysal to cohabitation and delay shows a dead marraige. You just have to prove legally. 7. Fight on mental cruelity and desertion. 8.you lucky no maintenance filed yet.

(Guest)

1. it is know fact that she is not ready to join me but on papers she mentioned she is ready to join, so based on this facts can experts advise me how to face her in mediation if she says she is ready to join.

 

Opinion: The wife who is playing tactics to just convince the judge as she is good......but internaly want to harass you.

Just stay cool..Leave her aside don't attend anything take date pe date.For this draging she can't claim maintenance also as she is working women..So no interim maintenance.Get yourself benfited from this,as she is playing double game,you too have to go into her shoes and play tactfully where she will realize that she has done a great mistake.

Make your petiotion dismissed if no result is coming out near future.Once 2 years got completed file a fresh divorce petition on based on desertion plus earlier mental cruelity.

Sure, she will also come to know that the relation is now beyond recupperation and her all ill efforts will vanish,she will either come for MCD or you will get divorce on the basis of said fact if you proof those desertion due to her mental cruelity.

 

2. though i work for IT company in bangalore in stay  in my native in AP, suppose in mediataion i asked her to come and join me do court ask her to go and live with me in my native. as we last stayed in bangalore before we left apart.

 

Opinion:Act as above stated if you wanted to be free from her without any rigorous court procedure for years.

And if you want to go on your wish,then you can call her at the place where you are right now situated,because a marital house of a lady is where her husband reside and not where she lastly resided.So,if she fails to join you there then again you will get point to sue her.

 

3. she earns more salary than me so are there any chances her to file for interim maintenance or any other litigation chareges on me and if so how can i avoid?

 

Opinion: She can file any Boot and cherry cases or any moon and earth cases, but for all this she need's to proof her claims beyond doubt.

My concern to you: If she is earning more than you....i.e if she earning more than 3 times than you then definately you make a claim against her U/s 24 HMA 1955 to her.


Best of luck.

1 Like

Gopal Arora (Engineer)     26 September 2013

What is the status of 498a case?

If you are ready to take her then tell court to order her to withdraw 498a and join you either at your native place or Bangalore. If she has to work at odd hours or for long duration then she may refuse spend time in travelling between Bangalore and your native place. In that case, you have to take a decision whether you want to force her to join you at native place or you can join her at Bangalore.  i.e whether living at native place is important or marriage?

If you yourself are not interested in living with her then fight the 498a case and prove it false to get divorce on grounds of cruelty.

Gopal Arora (Engineer)     26 September 2013

@sufferer

please give some information on the formula of 3 times salary of spouse to get maintenance u/s 24 HMA.

karthik (divorce applicant)     26 September 2013

I'm not ready to take her back, and she is not ready to join either she has extra marital relations which are very hard to prove.. When it was found 498a and ran away from my home.. And salary diff is just 3-4k, after going thru her counter petition I confirm my say she want to drag the case and she is looking for huge money at the same time she has grudge on me to spoil my life it is very typical story :(

karthik (divorce applicant)     26 September 2013

@sufferer: initially I thought of withdrawing my divorce petition and file a fresh in my native after it get transfered but experts advised not to go that way, is there any reason u said get ur petition dismissed and file a fresh one?

karthik (divorce applicant)     26 September 2013

498 filed in jan-11 after six months of my marriage, on me and my parents, married sisters who stay around 350kms from Bangalore.. Later I got acb recently it got regularized last month court ordered PS to file charge sheet.. Hard thing I face is bringing my parents and sisters to court from their places..

rajiv_lodha (zz)     27 September 2013

U can file "ammendment petition" to add ground of DESERTION after 2 yrs to the existing petition also


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