I have file divorce case will I have to pay maintenance to her I have file divorce case will I have to pay maintenance to her

2 years ago

Hi Mam/Sir

I married girl who did MBA, after one year she left from me without intimating , I waited for her 3 months bw from there no response i went two times my relatives went to their home. But no response, I took Police she said in front of police no problem with him small miss-understanding , she told infront of cops , i dint ask any dowry i taken care her in good manner, no problems with my family. She told she will take her father following day and she left from there. The next day she dint come to station. When cops called to her father he gave to lawyer. Lawyer told he will settled the matter , but they dint call me again. I went and i sent a notice to her after one day , bcz they tortured me to come as illutatom-son-in-law , there is no word before marriage , she used to told me she will not come to my village , she told she will not take care my parents , she told she will no keep food to my parents. Even she is not cooperated for me as well . When we were in City due to employment. She always giving conditions to me if i want to visit my native i need to take permissions from their parents , i have to visit only two times in a year all these things and she used to blame if i am not come as illlutatom-son-in-law she will commit sucide.and she used to scold me my salary is not enough to enjoy , my father is having lot assets i was enjoying much at my home only, u are unfit to lead me like this she used to tell , all my grand father written agreement on my father name only , once my fther got all the assets the property is with my family only right now property cases are going on court. like this she was blaming but i tortured all these things, But i dint keep all these things in notice , i just kept only illutatom-son-in-law but i will not come as like this , u come and join with me ,
I got a reply from them saying that full of allegations and finally they asked me to keep a family at City only i will come and join.
Again i sent a reply to that and i will not setup a family in city bcz u r blaming me like u will commit sucide , family is at my native place only you come and join once you receive the notice.
After this from them no reply , then i sent a volunteers and i talked with their relatives , i used to text and called her they dint come and join with me. I waited till 10 months but from them there is no single call at all. After notices also my brother and sister-in-law and grandfather went but there is no response. In bw she took sim from one boy who knows to me and next to her home , and started texted like him only there is no call conversaition only chatting if i called they dint pick call , when i asked bro lift the call and talk to me he used to tell i am in college
But i really thought he only chatting with me .
When i asked him bro i want to talk with her , when i asked him continuously he used to tell call me today so and so time she will lift the call when i called she only lift the call i strongly believe that he only chatting with me.

One day conversation was too much i told bro if u texted me here after i will give police to u r number. Then they stopped the texting . After one month i caught him , that day he said bro sim is with her only all these days she is the once chatting with u , i took new sim .

While she is chatting with me like a boy, i sent a leegal divorce notice , again they reply to me saying that i have to pay 40k per month , bcz they said so and so lands on my name and i am drawing 80k per month .

Even after this leegal divorce i called her to come and join , bcz she is having three more sisters to get married from her home
i told this is the last call from my end pls come and join with me she dint come and join.

After one more month i file divorce case on her , she came to court on first day once summons received , that day my birthday as well , i went and sit to next her only but she dint talk with me , and latter evening with unknown number i got wishesh i said thank you who is this, then they said one of my past friend then i asked u r name , they dint revealed .
I said dont chat with me then bye. Again one another day they sent a message lets meet , then i told if i get a message again i will give complaint on this number. Then one day there is no message , meanwhile i checked in true caller nas was some lady. The next time i got a meesage like come we will meet so and so place time and all i will update , if u aggree to come and
meet me , then i said without knowing a person how can i meet , tell me u r identity and where u r residing , but for this message no reply from her . Then i got to know some how she only chatting with me , then i dint reply her , again sent a message saying like this is the last time lets come and meet me, and she sent a place and time , which is 10 km from her place . Then i dint reply and i dint go that place .Then she texted me i think u r not interested at me to meet then good bye like this she said.

Then finally mediation center happened in court with her , i told all the things what she did for me , and i showed all the proofs, i said i want divorce , then she said i need husband. Then i said i dont want full cheaters i cant survive with her . Then i left from that place , then she sent a maintenance case , for 14lacks the day which she left from me per month 50k and future maintenance and all .

But they wontedly did all these things and trapping and all . But she did MBA , and that to her father is having crores of money which her grandfather donated assets to him.
do i need to give maintenance to her? BCZ due to this issue i lost my job also i am job less now , i dont have any assets also.
Shall i claim a maintenance on her

Anik

Responded 1 year ago

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A.Dear Client,

You can claim maintenance from her if you are unable to maintain yourself under Special Circumstances as described under section 25 of the act.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
It is not possible to read entire contents of your question. However, you have to pay maintenance or one time settlement amount to your wife if she is earning less than you. You can claim maintenance from her if you are unable to maintain yourself under Special Circumstances as described under the following section.
======================================================
The Hindu Marriage Act, 1955

25 Permanent alimony and maintenance
MAINTENANCE CAN BE CLAIMED BY HUSBAND

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].

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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
Maintenance is to be paid by a spouse to the another spouse who is not earning and dies not have any means for livelihood. If you are jobless and she is earning and can support by that earning then you can file a case for maintenance in the local court.
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