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VictimOfBiasLaw (Professional)     20 July 2011

What if husband denied Maintenance

  1. I am husband , my Wife filed fake DV case ( not 498A ) u/s 18,19,20,22 and CRPC-125 just after 10 months of marriage. Now since from last 1.5 years i am fighting this case.
     
  2. She has also included my parents who are 70+  and un-married sister to put pressure.
     
  3. I am right now abroad from Indian IT Company and never appear before court sine from last 1.5 years.My lawyer represent me on my behalf.
     
  4. After 1.5 years court will decide maintenance.
     
  5. what if i don't want to give maintenance ( Please note : all this drama and cases are only to get money from me since i m IT professional and my wife,in-laws have my Indian bank statement . If they start getting maintenance , they will never compromise and enjoy "Muft ka pisa")
     
  6. Out of court settelement is not possible and wife denied for one time settlement and divorce.
     
  7. I want divorce with one time settlement OR don't want to pay maintenance but my wife is not ready for divorce .

Question and my thinking

  1. I will never accept the summons/order to pay maintenance as i m abroad ( as per my knowledge court has to issue summons for interiem maintenance order )

    But my wife know my IT company name , Can court issue summons to my company ?
     
  2. What is the worst situation i have to face ? and what are other way to avoid maintenance  ?

     
  3. DV case details : My DV case is not serious , in DV case she has claimed that i went abroad and deserted her but actually i have kept her VISA and passport rady before i left india but this greedy girl ask for money which i denied and she filed DV case against my parent , sister and me when i was abroad. even today i am abroad and never appear before the court.
    Now as per law either i have to bring her back with me or i have to give maintenance.
    But i don't want to give her maintenance.

    Please , Please help me and give me some ray of hope / ideas to avoid maintenance.
    If i don't get divorce that is OK but i don't want to pay her single rupee. except one time settlement.


Learning

 15 Replies

VictimOfBiasLaw (Professional)     20 July 2011

LCI Learned and experience member , please help me and give me logical/acceptable solution 

 "Koi tedha rasta bhi chalega" but i want to avoid maintenance to teach this greedy wife and in-laws , before marriage they decided for DV case to get money :(

**Victim** (job)     20 July 2011

@ Victimofbiaslaw

As long as summons is not served to you do not worry Ministry of home affairs will definately try to serve you summons at your office address or any alternative methods. Their job is to ensure that summons is properly served.

If you are abroad then transfer your account balance from indian bank to the bank in united states. Do not leave any options for them to snatch your money. Because once exparty orders are passed if maintenance is not paid court will seize your property or any movable or immovalbe property and auction it. Don't leave any options for your wife is she is giving you hard time.

If your wife is creating such a problem don't even bother her calling to united states. Do not fly india until these issues are resolved.

Ms Liberal (others)     20 July 2011

She has included your un married sister That obivoussly she has done very wrong thing and it will decline her prospects and implicate your parents are more than 70 years old. Definately you are hararsed by first instance.

First of all inform whether the charges have been proved by any court whether she is living in your matri home?

Why she has filed for mainatance? whether she is working or not?

Hvae you filed the case under RCR if she has left the matri home?

If you need to be get rid of the charges when you have been acquital of the charges then surely you can file divorce ase for causing cruelty to you andd her inlaws

Mainatance if warded by court you have to pay .?

My advise is not to do contempt of court.? However you can challenge the amount ay appellate court if fault is not from your side. The court also decline to provide mainatanace but onus of proof is on your side

All the best

Ms Liberal (others)     20 July 2011

My advice is not bring unwanted troubles by not following the court order yOU ALWAYS HAVE THE LIBERTY TO CHALLENGE THE ORDER BUT REFUSAL MAY LAND INTO TROUBLE

Find the suitable grounds with your adv and rely on the litigation

One time alimony will occur only when she is ready for divoce by Mutual consent.

VictimOfBiasLaw (Professional)     20 July 2011

First of all inform whether the charges have been proved by any court whether she is living in your matri home?

No charge have been proved against me /my parents , sister. Case is not yet started .

Please note in DV case she claim that i have deserted her and my parents harrase her and ask for money which is false. there is no proof of this.

she is staying at her parents house

Hvae you filed the case under RCR if she has left the matri home?

No i haven't file RCR

please note i m doing job at Pune and my home town is at Gujarat , where my parents are staying and my wife is also from same city.

after marriage i  moved back to Pune where i was doing job before marriage and were staying with my wife  on rental house  when i left india we were staying seperate from my parents at Pune and left india from pune and my wife then go back to Gujarat. but she was staying at her parents home that day onwards

During this time when i was abroad  she asked for money on telephone but i denied and avoid to talk her.

so she filed DV case with fake and fabricated story.

 However you can challenge the amount ay appellate court if fault is not from your side. The court also decline to provide mainatanace but onus of proof is on your side

how can i prove that all claim are false  ?,
how can i prove that my parents didn't ask for money ?
how can i prove that neither me nor my parents harrase her ?
how can i prove that i didn't slept her ?
how can i prove that she don't want to stay with me/my parents ?
how can i prove that my wife is only interested in money ? 

There is no proof of such kind of allegation. it is just after 10 months of marriage , so ididn't get chance for recording.

Now after DV case she is shouting in court that she want to come with me ( all fake ) , but after DV case i can't stay with such greedy girl and i m sure if she get chance will create more trouble for me in future.

Why she has filed for mainatance? whether she is working or not?

she has filed maientance for money , she is Bcom , LLB but not working

VictimOfBiasLaw (Professional)     20 July 2011

 

@Victim

Can i transfer my account balance to my parent account ?

**Victim** (job)     20 July 2011

If u do that still your money is in india......i just have a feeling tht u should have tht cash flow in ur hands and not in india........i did the same thing......wht i did was i transferred my money to swiss bank and my friend who works in bank i asked him to delete my balance transfer authorization emails. When court ordered to seize my bank account they didn't find anything but my bank account was closed by that time. Beyond that they also attempted to look into my authorization emails in order to trace my swiss bank account but in that case i already had my friend delete those emails. 

What you will do is withdraw money completely in cash and then transfer it through western union or money gram. Do not do any wire transfer via bank.

Krishna Kumar (Business)     20 July 2011

As Victim told take the money in cash and handle without any bank transaction. I would suggest you to buy Gold instead of having cash in any bank of you or your parents and hide the Gold somewhere.


(Guest)

If they start getting maintenance , they will never compromise and enjoy "Muft ka pisa"

 

They wont enjoy muft kaa paisa for a long time......unless your wife is too young.....



(Guest)

yes if i can change you can change and every body can change

VictimOfBiasLaw (Professional)     21 July 2011

LCI members,

Please read my first Post and let me know

What is the worst thing happen if i don't accept maintenance summons and don't pay maintenance. ?

My wife is very young 26 yrs and want to enjoy my money 

**Victim** (job)     21 July 2011

@ Victimofbiaslaw-----> until and unless summons is not served do not worry about it. If you are right why are you talking about giving settlement amount. Don't give them any money..............based on my experience summons are served by Registered Post by Ministry of Home affairs. If you are in united states then it will be served by USPS and postman will leave a notice saying that there is a letter which you have to pick from post office in case if you are not available at your home address. Secondly same registered post will be sent to you at your office address same way. If you acknowledge that letter in post office then your acknowledgement will be sent back to india as a proof that summons is served. It is very time consuming and lengthy process. Indian embassy in United States do not serve summons through summons processor if you are in north east region this might be good news for you. In short whatever comes as registered mail do not accept it. Lastly after all unsuccessful attempt they might publish in newspaper.

Exparty orders cannot be passed until summons is properly served.

**Victim** (job)     21 July 2011

What is the worst thing happen if i don't accept maintenance summons and don't pay maintenance. ?

@ Victimofbiaslaw ----> Brother by this time you must be very familiar with procedure of serving summons abroad. The postman which comes to your house or your office don't know you. If you don't claim that letter it will be sent back to the sender without your acknowledgement. 

YOUR ACKNOWLEDGEMENT IS VERY IMPORTANT.

Besides that i have already provided you awareness if maintenance orders are not paid.

Court will declare you proclaimed offender once the warrants are issued in case if you don't pay maintenance and don't show up in india. Now after declaring proclaimed offender still your wife is not satisfied she will definately try to snatch your property or bank balance. I have already provided you some ideas although LCI experts won't provide with such advise since it is public forum and majority of experts on LCI won't go against law. 

The reason her lawyer is trying to serve you petition abroad is because they know that you are sensitive and not only us everyone is scare of court matters so they expect you to attend court proceedings and then they can snatch your passport.

My advise to you is if you don't have any bank balance in india nor do you have any property in india do not worry about it. Just WAIT AND WATCH........there is nothing much you can do about it.  Most of such issues gets resolved within families and i am sure yours will be resolved outside court as well.

Let your wife try as much as she can......you are safe abroad.

 

 

VictimOfBiasLaw (Professional)     21 July 2011

Thanks Victim, i think u r right.

i don't have any property and bank balance i can widraw.

however i m not in USA but i m going to visit USA in near future for short time.

My only concern is my parents otherwise i m very firm to fight at any cost.


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