Maintanance case

3 years ago

Sir my wife filed MC case on 2015 and we got judgement as i have to pay 20000/ month for her and my daughter in 2016. Then i had paid 160000 for 8 months after that i had appealed in high court and got stay afterthat i didnt follow the case now that case has dismissed two months back. Now i received a notice from my wife that i have to pay for the last five years from the same family court. She is not willing give divorce but asking maintanance .i am ready for one time payment. Please guide me

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.maintenance, divorce, and one time payment are different things.

you have to pay maintenance dues.
but she waited 5 years then how she managed.
means she is earning so you have to pay maintenance for daughter.

accepting one time payment for divorce is her choice.

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Sidhaarth

Responded 2 years ago

A.Your wife is within her right to claim arrears of maintenance of five years. You have taken court and law very lightly. You are bound to pay maintenance. Giving divorce or not is the will of your wife and you cannot force her. Further payment of maintenance has nothing to do with divorce. You can file divorce case.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आपको कोर्ट के आदेश का पालन करना पडेगा।यदि आपकी पत्नि आपको तलाक नही देती हैं।तब आप तलाक के लिए कोर्ट में अर्जी लगा सकते है।

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You will have to pay the monthly maintenance as decided by the court. Then file for contested divorce if you have grounds.

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Anik

Responded 2 years ago

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A.Hi,
You will need to clear your maintenance dues as awarded by the court which is pending and after that proceed towards filing contested divorce case if there are any grounds for the same.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.since the appeal is dismissed you are now liable to pay the maintenance as ordered by the court. Even if your wife is not willing to give you divorce you can file a contested divorce if you have grounds for the same and the court will grant you. If your wife do not want one time alimony it will be of your advantage after you remarry after the divorce. So file a case of divorce without any delay and pay her the maintenance as awarded by the court or challenge the maintenance before the same court if you can find some change circumstances. Get in touch for legal advice and filing of your case.

#Family
#freeLegalAdviceOnFamily

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If it were 125 proceedings then she cannot claim more than 3 years arrears. Better file divorce case and go for one time settlement.

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