• Mentainance

I got married on jan 2012 . Within a week of marriage my wife deserted me because she was having a affair with a boy. She and her mother were running a nogo and a shelter home named apna ghar rohtak . Cbi raided there shelter home and found they were running sex scandal racket and orphan childrens were raped there . She along with her family was put in judicial custudy with various charges . The chargesheet was filed under various sections of the IPC including 313 (abortion carried out forcibly/without consent), 120-B (conspiracy), 323 (criminal assault), 374 (forcing a person to indulge in labour work unlawfully), 376 (rape) and 506 (criminal intimidation). I got divorced from her after fighting case for 4 years. She challenged that in high court , she came out of jail after 4 years on bail. With her case still pending in cbi court. Now she filled a case against me for domestic voilence and maintenance . Is there a way i can escape paying maintenance money to this criminal lady . U can search all about there pending case in cbi on google (rohtak apna ghar case )
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1)if you are bale to prove that wife has committed adultery she is not entitled to maintenance

2) if she is not working court would award her maintenance

3) maintenance amount awarded depends upon your income , standard of lifestyle , wife income etc

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

she is not entitled to get maintenance because this is her guilt and a guilty person cannot claim maintenance. she has no reasonable ground to prove that desertion was lawful, her criminal record shows that she has criminal intent. according to section 114 of the indian evidence act court may presume that a criminal lady cannot bear domestic violence but she'll retaliate it in any way. her domestic violence case is not maintainable.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1.The case of domestic violence ahs no basis as since she was behind the bar for so many years there could not happen tortures to her.

2.So challenge the case before the high court in quashing.

3. if you are unsuccessful then you will have to give her maintenance which varies between 1/3 to 1/5th of your income.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Since the lady herself deserted you without any sufficient cause coupled with the fact that your marriage has been dissolved by the court she has no right to claim maintenance. Contest her claim fittingly in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. As per law a criminal wife is also entitled to maintenance from her husband/ex-husband after being punished for the crime she has committed.

2. You can escape payment of maintenance if you can prove with evidence that she was earning from her Apna Ghar and is capable of maintaining herself.

3. Police complaint after spending 4 years in jail being convicted may not yield any fruitful esult for her. However, contest both the cases fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Though she is eligible for seeking maintenance as your legally wedded wife, you can file your counter statement repudiating her claim on the grounds of willful abandonment of the matrimonial home and on the moral grounds.

You can quote her immoral character on the basis of pending criminal cases and can challenge her claim.

There is no question of domestic violence case after so many years of separation. You can challenge the same on merits.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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