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Vijay   10 October 2022

Wife demanded maintenance

I have been married for 3 years and settled in USA (Chicago). My wife was with me in US for 2 years after which she left for India. Her behaviour was very violent and she used to physically abuse me. At times even hit with objects around the house (like flower vase). She also used to go out at night and come really late and when questioned will start fighting again. 

She has now filed a maintenance case and refuse to stay with me or my parents in India. She has also spread the rumors amongst the society that I have physically and mentally abused her. The only evidence I have against her are the bruise marks on me and some audio recordings of her ill behaviour. What are the chances that I have to pay maintenance. Am I obliged to pay maintenance if she left at her own will and not returning back? Note: I do not want a divorce, but she is not at all willing to stay with me or my parents. Any advise will be highly appreciated. Also she is a B.Com graduate, but does not have a job. 



Learning

 7 Replies

Real Soul.... (LEGAL)     10 October 2022

Yes you have to mantain your wife if she has no source of incom of her own;she will file mantianance application even can go for other extremes like 498A and DV acts, you will be really in trouble. It is better to amicabily solve the matter ; if the court decided any amount of mantenanace and you failed to pay she can file execution and attach your acounts.

H.JanakiManohar Rao (lawyer)     10 October 2022

you file a case calling her to live with you(restitution of conjugal rights).

P. Venu (Advocate)     11 October 2022

In the given context, she is entitled to get maintainance. 

Vijay   11 October 2022

Thank you for the reply. But isnt this wrong. When she left on her own and not willing to come back plus false allegations, why would the court want me to pay? Sorry I am not questioning your response - just want to understand. Is there a way to avoid it?

India@1234   13 October 2022

Well, According to Indian marriage act, she is entitled to get the restitution from you. I guess you need to consult a specialist lawyer who has handled such cases. I think Judge's first priotity is to try to make the marriage work. In this case, he can ask your wife to give it a try and live with you for a while, In case she is still not happy, there is no way but the judge will decide the amount of restitution. 

Vijay   13 October 2022

Thank you so much for the clarification. However is there any case that the judge denies of maintenance. In my case I have been physically abused, so here it is really unfair to give maintenance. 

P. Venu (Advocate)     14 October 2022

Yes, there could be situation where the wife could be denied maintenance if she has forsaken the company without valid justification. 

However, there could be many a slip between the cup and lip!


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