• How to file divorce and avoid monthly maintenance

Sir, I was married in 2013 my wife lived for 1.5 months in our home but was not ready to adjust used to fight with me from day one on petty issues.she left on her own. but afterwards she put the complaint in women cell and panchayti talak was compromised there and 13-B petition was filed in which i had to give her 8 lakhs.but she took a u turn and again put police case on me and family saying it 13-B was a fraud and her signatures taken forcibly in police. now the poilce dsp investigated the matter and said that it is not dowry or beatings case . but she now moved to court and put 9hma, 125 crpc and 12dv in court saying that she now wants to live me with and i had forcibly removed her from home and tried to kill her by opening gas burner in kitchen.
till then 4 years have passed but no result in cases yet. i have come to know if i put a divorce case now the court will first grant a monthly maintenance to her, am i right. i was previous earning 27k and she is now earning 11k but she is an M.Tech, i have left the job as was taking too many leaves and now due to mental tensions of cases working as a receptionist for 4k.
Pls let me know what should be my future course of action so that a divorce is granted and lumpsum maintenance is awarded without any monthly manitenance.
Asked 7 years ago in Family Law
Religion: Sikh

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

1. If your wife asks for maintenance then only court grants alimony. Else court does not automatically grants maintenance.

2. If you can show income of your wife then she would not get any maintenance.

3. So file a case of cheating against her and then file divorce petition.

You have no other option.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) if wife had taken Rs 8 lakhs and subsequently went back on her word and mutual consent divorce petition was dismissed you ought to have filed appeal against dismissal of divorce petition

2) in case wife claims maintenance in divorce case filed by you draw attention of court to Rs 8 lakhs paid by you in full and final settlement

3) file for divorce on grounds of mental cruelty

4) draw attention of court to fact that your income is only Rs 4000 while wife is earning more than you

5) court would not award her any maintenance

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

1. Divorce has no nexus with maintenance case. If you file a divorce petition the court will try it on merits irrespective of the pendency of 125 CrPC case.

2. Since you are drawing only 4000 monthly the court may not award her any maintenance if you succeed in prove that she is earning 11000.

3. Lumpsum maintenance can be awarded only in mutual divorce.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Maintenance is not merely a legal right. It is part and parcel of basic human right. A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.

A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband.

In your case you already had given 8 lakhs for settlement and filing mutual divorce. More over the duration of marriage is short. So better file petition for divorce under the ground cruelty.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Immediately file a divorce case based on Cruelty Under Section 13(1)(ia) of Hindu Marriage Act-1955 and also try to collect all the documents related to her earning, if she is earning women then she is not entitle to get any maintenance from you by any means.

the maintenance is only for those who are unable to maintain herself/himself, in your case she is earning hence she is not entitle to get any maintenance, except the litigation charge.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

There is no such rule that you have to pay her maintenance because you have filed the divorce case agaisnt her.

Divorce case is different to tht of the maintenance case.

In maintenance case i becomes her duty to prove your income and all sources of income to justify her claim ,which you should defend on the basis of the wrong formation she might provide before court. You may also rely upon her higher educational qualification and her income from all sources to repudiate her claim.

Let the court decide about the maintainability of the maintenance claim.

For divorce you have to prove the grounds which you rely upon by the evidences in your possession and arguing the merits in your side.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer