Wife demanding maintenance


Hello Everyone,

My wife left the matrimonial house within 6 months of marriage over petty arguments (Eg. she won't do household work or when I asked her to save money etc.) She's is with her parents now.

All my efforts to call her back and reconcile have been futile. Finally they asked for mutual divorce with no conditions. I agreed. Now they are asking me to pay them marriage expenditure money also otherwise they will claim maintenance legally.

I am thinking of denying their demands because it was she who left and has no good reason for divorce. How can I safegaurd myself from them and get done without paying anything. She is non-working and Engineer by qualification.

 
Reply   
 
instructor

You can not give her divorce within one year of your marriage , you have to wait atleast another six months , meanwhile you try to reconcile your matter by taking help of yours and her side of relatives , go on trying , to save your married life . if you feel that all your efforts are of no use then after completion of one year marriage file mutual concent divorce as your wife and her father wants . resists while you were drafting your MOU for mcd not to give a single penny to her , negotiate the matter as possible as you can because they are thinking to re marriage of her daughter as early as they can , when the time passes then It becomes difficult to them .

Total likes : 1 times

 
Reply   
 



Thank you Laxmi kant Sir. I tried a lot to convince them but they were being more and more verbally offensive and finally asked for Divorce. So I agreed as initially they asked for filing MCD with no conditions as soon as we complete one year of marriage i.e. next month. Now they are changing their words and blackmailing me to give them complete marriage expense or they will ask maintenance through court. I am going to to say No for divorce. Should I file a case against them that they are not sending my wife back to me as per conjugal rights to protect myself? Or would it backfire at me? Is there any alternative? Thanks again.

 
Reply   
 
Bangalore

 

Originally posted by : Venkatesh N

I tried a lot to convince them but they were being more and more verbally offensive and finally asked for Divorce. So I agreed as initially they asked for filing MCD with no conditions as soon as we complete one year of marriage i.e. next month. Now they are changing their words and blackmailing me to give them complete marriage expense or they will ask maintenance through court. I am going to to say No for divorce. Should I file a case against them that they are not sending my wife back to me as per conjugal rights to protect myself? Or would it backfire at me? Is there any alternative? Thanks again.


Filing RCR and asking her to come back wont be of any use with these kind of people.


Either pay them the marriage expenditure and get MCD and get rid of headache, or be ready to file RCR and face a list of cases which will be put on you by your wife in the ensuing days of litigation.


Either ways make yourself very clear as to what you want.  DIvorce?  or Wife?  


Want divorce? Best way is give back marriage expenditure to those ppl get divorce via MCD.

Dont want to pay them any money, be prepared to roam to courts for next decade or two.


Total likes : 1 times

 
Reply   
 
Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

If such consideration is making you to avoid MCD where you don't want to pay any alimony through financial settlement and even she is qualified and working lady who had deserted you...then I must say don't do anything.


If they are in hurry they will come to you and ask MCD without any settlement.


If they don't come then once completion of 2 years of her desertion file Divorce on the same ground where you will get divorce without maintenance any Hiccups.


Meanwhile who knows she turns out to you and feel for the betterment because till know she had not filed any false cases.


But,here I will suggest you to plz put your efforts to gather all evidences of her desertion and place intact for revealing when you may get chance in future due to her false case or for maintenance case.


Thanks.



Total likes : 1 times

 
Reply   
 

Thank you for you reply Sir. Yes, since the day she deserted me, I started collecting email and phone conversation recordings as evidence in which she has repeatedly accepted that she left herself. Even the calls where I tried to call her back and she and her family refused are there with me. At first they said 'Its best you both separate peacefully and don't waste your youth' and now they are demanding Marriage expenses or else I will have to pay her maintenance. Till now my whole family has handled this situation very sensitively but now they're taking our decency as our weakness. Although I can pay the marriage expense but they are the ones who wanted divorce, I kept trying till the end. They have no ground whatsoever for divorce. I don't know on what basis are they so confident about maintenance. As Mr. Laxmi Kant Joshi highlighted, I'm sure they want to get her married again soon.


At this stage is it safe to tell them "I won't give divorce. Do what you want, I've got enough evidence to prove myself innocent."?

 
Reply   
 
Bangalore

Originally posted by : Venkatesh N


Thank you for you reply Sir. Yes, since the day she deserted me, I started collecting email and phone conversation recordings as evidence in which she has repeatedly accepted that she left herself. Even the calls where I tried to call her back and she and her family refused are there with me. At first they said 'Its best you both separate peacefully and don't waste your youth' and now they are demanding Marriage expenses or else I will have to pay her maintenance. Till now my whole family has handled this situation very sensitively but now they're taking our decency as our weakness. Although I can pay the marriage expense but they are the ones who wanted divorce, I kept trying till the end. They have no ground whatsoever for divorce. I don't know on what basis are they so confident about maintenance. As Mr. Laxmi Kant Joshi highlighted, I'm sure they want to get her married again soon.

All the above are like shooting in the air without any target.  Let things move.  Do not keep guessing as to this will happen, that will happen etc.  Until they make a move its useless to just keep thinking and trying to find solutions to what possibly they might do in the future.  Cross the bridge when you get to the bridge.



At this stage is it safe to tell them "I won't give divorce. Do what you want, I've got enough evidence to prove myself innocent."?

 

Talking like that is childish.  If you have such evidence as you state, use it during trial and cross examination not now.  Just keep quiet now.  Dont dance in front of the goddess as if she will be pleased to let you go.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x