How to avoid alimony
4 years ago
Sir/Madam
My marriage date was 23 Nov 2016.
After that we lived happily. But suddenly my wife left my home and eloped with her old boyfriend (which I came to know later) on 28 February 2018. I filled a missing complaint on 1 March 2018 on nearest police station. After lots of request and pressure police brought her on 27th April 2018 with a lawyer. At police station she justified her elopement by accusing me for giving her torture. There she agreed to give mutual concent divorce. After that she left police station with out giving any contact details or whereabouts.
When ever I contacted her lawyer he asked me to finalize her alimony. Feeling something wrong I filed a criminal case against her and her's boyfriend. After that I filled a divorce.
At criminal case her father and mother acknowledge about elopement at court trial. Gave statement against their daughter. After that court issued NBW against her and her boyfriend, it was sent to local police station. After repeated request to SP, he talked with my wife but refuse to bring her. Also her lawyer filled divorce at local family court. Also asking for alimony to clear it.
Note:
1) our relationship was very good till she elope. Now suddenly she accusing me everywhere and giving false statement to justify her elopement. Her father mother including every family member of her support me.
2)from her elopement nobody able to contact her. Only medium of contacting her is through her lawyer. That's why nobody from our family or her family able to talk with her not even once.
3) even if she eloped with her boyfriend she refuse it and tell everyone that she staying individually. Boc'z of non communication we are unable to know the truth.
My Questions:
1) what to do if she demand for alimony? How to avoid it?
2) despite NBW issued police is unwilling to bring her and that boy to court. Is it justified, is it not contempt of court?
3) she has written so many false things against me can I file defamation case against her, if situation goes bad?
4) can I request family court where she filled divorce to shift where I filled my divorce case?
Shreyash Mohta
Responded 4 years ago
Your query clearly shows how your wife is misuing the law.
Deepak Yashwantrao Bade
Responded 4 years ago
Prabhu N. Savanur Founder, Hari Om Legal
Responded 4 years ago
I have read your query very carefully it is very clear that your wife is trying to to misuse the law and claim maintenance. Please try to collect all the information about her so that it will be helpful for you in the case which she has filed for maintenance. The principle of law is that a wife who is well educated and is capable of earning for herself and does not dependent on husband has no right to claim maintenance. The Honorable Supreme Court through its judgements have clarified very clearly that if any spouse is capable of earning on himself or herself then they are not entitled for maintenance. The Law of maintenance also states that if a person is capable of earning himself and as committed any of the offences such as adultery has no right to claim maintenance against the other spouse.
U can contact Me anytime at 8904876840
Or Mail at [email protected]
Regards,
Prabhu N Savanur,
Advocate High Court of Karnataka
Jagannath S Pawar
Responded 4 years ago
there are so many judgments that a married leading adultery life not entitled for any alimony. Get details of such relationship through Private detectives if necessary.
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