raunak (engineer) 11 September 2014

Wife framing wrong charges for earning money-pls help

> > Dear Sir,

My wife has separated from me on Sep 2013 and gone to her fathers home. She filed Domestic voilence and Maintenance case in June 2014.We got married in Nov 2011. We had applied for mediation which has also failed. Sir i tried to bring her back but she is refusing to come .she is forcing me to live apart from from my parents.but when we were living separated at that time also she was fighting with me and forcing me to send cash in her sisters account to help her father for which i am having prrof as well.. she is asking for maintenance of Rs 35000 per month for her and a two year old son.My bsic salary is 23000 and take home amount is 58000. I am having a home loan of 23000 emi & unmarried sister as well, All the allegations which she has stated in her plea are false and there is no evidence with her for the same, Request you to > kindly guide me how to approach both the cases , i want divorce now.Can i file case under IPC 193 for filling wrong case under Oath.will it help me. Also kindly provide me copy of judgements where wife has deserted the husband and left him on her own wish without sufficient reason and case has been won by Man. I dont want to pay any maintenance to her. She has always used me as ATM. i had taken her abroad for honeymoon n given her presious gifts as well. she is misguided by her father.

Regards,

Raunak

Reply Follow

3 Replies

Laxmi Kant Joshi (Advocate ) 11 September 2014

you did not mentioned that your wife is a working woman or a housewife, if she is a housewife and never worked before then you have to give maintenance for your wife and son , if she is not willing to live with you then talk to her for mcd and get rid from her .

Tajobsindia (Senior Partner ) 11 September 2014

1. No case under S. 193 CrPC made out.

2. You allowed yourself to be used as ATM instead of nurturing a marital relationship as is expected out of marriage by spouses together.

3. Hire services of an seasoned advocate found via reference and deny all her allegations and seek proofs on her alleged facts.

4. Judgments are useful at advance stage not now when she has sent Court Notices. Moreover all such Judgments are public records here only if you spend time retrieving them in this very forum.

5. Honeymoon visits to A-Z places and buying gift to wife is normal and nothing un-written a husband does in his duration of marriage from time-to-time so it can only be said so in your written defence to her such alleged allegations that is all and for mentioning so brief your hired advocate how best you kept your wife satisfied all these days and you are on not on wrong foot etc. etc.

6. Wait for filing of criminal cases also by her before frying your brain out once she has filed only two civil cases so far upon you. These are normal and expected from a metro wife and you are not the one and last ATM husband here there are several others with whom you network privately to understand such allegations and enjoy meanwhile such court cases instead of worrying about them too much.

[Last reply]

CA. KAPIL MITTAL (PARTNER) 12 September 2014

Dear Friend,

I can give you a reference of a lawyer who in my view is shrewd enough to handle such cases. However, you may do your due diligence to satisfy before engaging him.

You may if you so desire, contact him on following no. +91-9810127778 (Delhi).

Thanks

Kapil Mittal