Cheating marriage kiya

Dear Client,
Under the Domestic Violence Act, the Hindu Marriage Act and Section 125 Cr. PC(now Section 144 of BNSS), an aggrieved woman can claim maintenance from his husband provided she is unable to maintain herself and her child and any person having sufficient means is liable to support his wife and children, This support is provided by way of a fixed amount determined by a judicial magistrate, known as ‘maintenance’ once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh versus Neha (2020). Said criteria include the parties’ status, the respondent (Wife) needs, and the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability, etc. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The Gauhati High Court has recently observed that if the husband is healthy, able-bodied and in a position to support himself, he is under the legal obligation to support his wife. A bench of Justice Malsari Nandi added that the husband's plea that he does not have the means to pay because he does not have a suitable job or business is a “bald” excuse that is not acceptable. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. As regards the quantum of alimony/maintenance in divorce cases, there is no set rule for paying the one-time amount of alimony/maintenance. However, the court can grant one-third or one-fifth of the husband's or wife's net worth as alimony or maintenance. Under divorce alimony rules, no lump-sum settlement benchmark exists. If alimony/maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. So, it is advisable to defend your case adducing substantial evidence that supports your claim and hire an experienced Advocate in matrimonial matter to navigate the issue in the right way.

Dear Client,

First app apke kamayi ka pramaan jese agar salary slip hai to salary slip, bank statement kuch bhi apke pass ho usko court me prastut kariye. Yeh sabit karega ki aapki income kaafi kam hai aur aap zyada maintenance dene mein samarth nahi hain.
Secondly raha baat appki shadi k bare main aur ladki k HIV hone k bare main app court ko bata shakte hai ki shadi k time ladki ka HIV positive status aapse chhupaya gaya tha jo ki medical fraud aur trust ka violation hai aur agar aapke pass ladki ke HIV ka record 12 saal purana card ya uski maa ka medical record kuch bhi ho, to yeh court mein dikhaiye. Isse aap “Fraudulent Marriage” aur “Concealment of Disease” ke aadhar par case file kar sakte hain jo aapki position ko majbooti se dikhayega.
In conclusion agar app court k samne prove kar pate hai ki aap ka financial condition is not good then appko maintenance anhi dena parega.