My wife need maintenance

5 years ago

Sir /Madam,

I Married a girl, who already got divorce from another boy in the year 2015 and got 5.5 lakhs settlement. Since I wish to give a new life who suffered already in their life, I did not inquire about that girl and about her family. I met that girl from matrimony website and I trust her & her family and had grand marriage in my expenses at chennai. She never brought even a single rupee.

After 6 months she started quarrel with me often and gave me pressure that my mother should not stay with me. My mum is already 70 years old. she is very silent. Since I did not agreed for that she left home and went to her home in bangalore and filled maintenance case.

I had a hearing on last month on 07/06/18 and judge suggested me to come and settle in bangalore and suggested to leave my home in my relatives house for some time.

Still I did not filled a counter-file for the case she filled, but appeared the court on 08/07/18 and need to reappear on 04/08/18. I am getting hearing every month.

now I am unable to attend the court next hearing through september 15th. shall I avoid appearing court for next 2 hearings

Please advice
Prakash

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Deepak Yashwantrao Bade

Responded 5 years ago

A.You need to very vigilant about court procedure. Because law helps to vigilant not to sleepy. You must attend all court proceeding with your lawyer and fight your case. Kindly contact with vidhikarya lawyer for filing case and further process.

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ROBERT D ROZARIO

Responded 5 years ago

A.You must not avoid court proceeding, as this might give a wrong impression about you and adverse order might be drawn by the court. You should oppose her maintenance application on the ground that she has refused to live with you without any reasonable grounds. Make a submission to the court that she has put conditions to start conjugal life with you unless you leave your 70 years old mother. You can refer to many judgements where court has refused to allow maintenance to an estranged wife refusing to live without any reasonable grounds in her matrimonial household.

In the meantime you may file a divorce petition on the ground of cruelty as she is trying to pry you away from your “pious obligation” to live with and take care of your aged mother. Provided a divorce petition under the Act, can only be presented after one year has elapsed from the date of the marriage. If not, then you should file a petition in Chennai for restitution of conjugal rights under section 9 of HMA and get a decree in your favour. On completion of one year of the marriage you can file a divorce petition.

Note: Refer to the Supreme Court landmark judgement of Justices Anil R. Dave and L. Nageshwara, that a Hindu son can divorce his wife for the cruelty if she trys to separate him from his aged parents. A woman becomes a part of the husband’s family and cannot seek to separate him from his parents for the sole reason that she wants to entirely enjoy his income.

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Sushama

Responded 5 years ago

A.Hello
You don't miss the court hearing date but you made transfer of case application to in your matter which runs in the court except that you file a case on the ground of cruelty against your wife where you live.

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Ambrose Leo

Responded 5 years ago

A.You should not miss a single date in Bangalore as the complainant is well versed in court matter, better to take help of a Professional family matter Lawyer to guide & help you on all aspects of the issue quickly.You need not attend once you appoint a Lawyer in Bangalore who will attend & defend your case there is merit in your case to defend & protect your interest.

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Nirmal Chopra

Responded 5 years ago

A.You can seek transfer of the petition permanently to chennai, You can file a transfer petition in Supreme court only since chennai and bengalore are in different states. You can file a transfer petition through me and approach vidhikarya to seek my professional services since I am a Supreme Court advocate.If u don't won't to attend one or 2 hearings, request the judge for not hearing the case.It is up to the judge to adjourn the case or not.If the judge proceeds exparte against you, then case will become complicated for you.

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GANESH SHARMA

Responded 5 years ago

A.File reply through a lawyer. Don't avoid court hearing

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Ashutosh & Co

Responded 5 years ago

A.Pls contact to your advocate

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Kavery Anand

Responded 5 years ago

A.Sir she filled a maintenance case even all the fault is her side...
She can't force u to leave Ur parents/ mom who 70 years old..
U can file a case against her on the ground of cruelty and harrassment.

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NS PRAKASH

Replied 5 years ago

Thanks madam, even last month, I attend the hearing in district court with my mum, every month, I am getting hearing dates, still I did not filled counter file. Just I am expecting her to come back to my home.

Due to unavoidable situation, I am unable to attend next hearing on 4/8/18 and if I get one more hearing in the month of September.

Will court grant me time to attend the hearing in the month of October, will they all me to take 2 vaidha

Pls advice me madam

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