I got married to my wife in Feb 2015. We used to be colleagues in the same office. I took a rented home in front of her house, I lived there till October 2015. We both left job just before 10 days of marriage. I got a job in another company in sept 2015. She joined back the previous company in Nov 2015. During our stay in Gurgaon after marriage from Feb 2015 to October 2015, she never visited any of our relatives by continuously making excuses about her health and when asked for report or new checkup at hospital, made excuses as well. Her parents quarreled with me one day in October 2015 at my rented house and since then she has been staying at her parents house. I left that rented house in Nov 2015 and went to my relatives place near Faridabad and was not in contact with her from Oct 2015 to march 2016. I came to my hometown in Rajasthan in March 2016 ending and she too came after few days Since then she kept coming for 2-3 days without informing anyone to my hometown every month on festive occasions only and when asked she kept mum. We treated her nicely Everytime . Her last visit was on 10th Jan 2017. During her last few visits, I have asked her to bring her parents to solve things and take some decision. But there was no response. Now, they have filed domestic violence case against me and my family. Also CAW proceedings are going on and I have been regular there while she didn't come in first three visits. She has demanded 15 k maintenance along with 5 k rent accommodation and also 10 lac compensation for injuries/ damages that never happened. They have also included streedhan list which was actually given by us and are still with her since the very start of the marriage.
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Your wife is not entitled to maintenance as she is working
2) only if there is substantial differences in your income can your wife claim maintenance
3) contest the DV case
4) refuse to pay Rs 10 lakhs demanded by her
5) file for divorce on grounds of mental cruelty
1. Such types of demands are very common and hence you will have to contest this on merit.
2. If your wife is unemployed then husband is bound to provide maintenance which varies @ 1/3 to 1/5th if your income.
3. If she can not prove that the stridhan is nt returned by you then you have nothing to worry.
if she has not been living with her in laws, you should file a revision before the session court for deletion of you parents from her complaint. when wife is working and earning enough to meet her all expenses then she is not entitled for maintenance because maintenance is given only to save wife from destitution. she cannot get maintenance however she ca get compensation under DV Act if any injury was cause to her.
1. Since the DV case has been filed you have to contest it on merits. The onus is on her to prove that she has been subjected to domestic violence by you.'
2. During the subsistence of marriage she has the right to reside in the shared household of her husband.
3. You ought to have filed RCR if she left the matrimonial home without any sufficient cause, so as to nullify her claim to maintenance.
If she is not interested in living with you anymore, you can ask her to quit this relationship by filing mutual consent divorce on terms which is acceptable to both.
If she is employed and drawing a handsome salary, she may not be eligible for monthly maintenance or compensation as demanded by her, you may repudiate her claim on the same basis.
You may decide to issue her a legal notice asking her to return to matrimonial home or to give mutual consent divorce, if not you can proceed with the contested divorce proceedings.
She joined the same company and once told me that she has not opted for ePF and I doubt (almost sure) she must had done some kind of setting in the office so as to not show her as an employee or disclose her salary. I also contacted the accounts person but they denied any kind of help in this matter but I have the recording of the conversation of accounts person. He told me that she left the job in Nov 2016 so my question is will she get the maintenance if I am unable to get any proof of her job. Her salary was more than mine when we used to work together and was also getting good salary when she joined back. I am currently unemployed since Nov 2015 when above circumstances happened as my family is in fear and want me to stay with them. Though I have offers of jobs but in other major cities than my hometown. She has filed 498A but complaint is under investigation. During her frequent visits to my hometown and after returning to her home, she must had created evidences to prove domestic violence. What to do in such circumstances. As her elder sister is also at home and her cases are already going on since 5 years, these people are used to this and know what to do when. I feel stuck in a huge mess.
If wife has worked in past and was earning more than you she is not entitled to maintenance
2) engage a detective agency and gather evidence of wife employment
3) in case FIR is filed obtain anticipatory bail from sessions court
Since she has not filed any maintenance case against you till now, you do not have to worry on that aspect now itself. However you should secure evidence of her employment, i.e., her past employment where she is reported to have been employed til Nov-2016 and you may state that she is employed in the said firm without mentioning whether she is currently employed in the same place or had quit her job.
The evidences in your possession should say that she is employed and not about quitting her job.
You may wait for her next move in this regard and strategize your designs accordingly.
It is not difficult to create evidence, but every evidence so created has to pass the test of cross examination. So contest her case on merits.