• Maintenance to wife

Date of marriage-16/7/2013
Date of living separately- 1/8/2014
Wife not working and receiving Rs.10000/ wef 16/1/2017 as interim maintenance u/s 125 CrPC filed on 16/1/2015 but final maintenance not been decided yet. She has also filed FIR on 498A IPC on 7/12/2014. Charges are yet to be framed. My income is 88k gross and 50k in hand working in a Govt organisation. Final maintenance is sure to increase. Under this circumstances if I file dissolution of marriage by decree of divorce on cruelty ground, would it have any adverse effect on the final maintenance order and shall I have to pay the additional expenses of proceedings (alimony pendente lite) as per my income u/s 36 of Special marriage act? and how much would these be?
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1)in case you file for divorce on grounds of mental cruelty wife will file an application for interim maintenance and seek alimony

2) court can pass order to pay interim maintenance to wife but the maintenance awarded by court under section 125 cr pc would be considered before passing orders for interim maintenance

Ajay Sethi
Advocate, Mumbai
97642 Answers
7904 Consultations

1. Filing a suit for dissolution of marriage is a legal remedy which is available to both the spouses and it ahs no adverse impact as popularly held.

2. So in this circumstances you can very well file divorce suit .

3. However such suit shall have no bearing on the merit of your maintenance case.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
524 Consultations

Under this circumstances if I file dissolution of marriage by decree of divorce on cruelty ground, would it have any adverse effect on the final maintenance order and shall I have to pay the additional expenses of proceedings (alimony pendente lite) as per my income u/s 36 of Special marriage act? and how much would these be?

Under the given situation, you may have to fight back her maintenance case properly and try to repudiate the same if you believe that this is a false case.

The main petition may be decide in her favor but you have to make arguments accordingly.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

DV is a continuing offence . there is no limitation period for filing DV complaint

2) if divorce is obtained on ground of cruelty wife can file appeal against the impugned order before the HC

Ajay Sethi
Advocate, Mumbai
97642 Answers
7904 Consultations

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