1) wife will prove cruelty by her evidence and that of family members and friends

2) you can cross examine them to disprove allegations

3) court grants interim maintenance to wife if she is staying separate

4) verbal abuses amounts to mental cruelty

Even if wife fails to prove cruelty she would be entitled to maintenance

2) you can seek modification of order fir maintenance if you lose your job

3) you need to continue to pay maintenance to wife unless she remarried after divorce

Hi, It is very difficult to prove the cruelty and moreover as per latest Supreme Court Judgement the police will not register the complaint under 498/A immediately they have to refer the matter to the Conciliator and Conciliator will here both of you and if the Conciliator feel that it is good case then they have to submit a report to the Police then only the Police will register the Complaint. It is a long process so Don't bother too much, engage a advocate and contest the case on merits.

2. It is the duty of the husband to maintain his wife and children, if the wife has no independent income to maintain herself then you need to pay the maintenance.

1. Cruelty to constitute an offence under section 498a, must always be dowry related. In case, in this particular case, there's no dowry related violence/crime, no offense under section 498 is name out against you.

2. No. This doesn't amounts to cruelty.

3. Maintenance isn't related to cruelty as such. At anytime when you refuse to support your wife despite being capable and legally obliged to do so, maintenance can be claimed from you by your wife.

4. Same as 3

.

Cruelty can be of any kind whether physical or mental. It is a very broad concept, it can not defined in few lines. As you said, you have scolded her 2-3 times that is also a cruelty and domestic voilence.

Maintenance is a different right which she has, for the purpose of living her life without debts and credits according to her lifestyle. You need to give her some amount of maintenance untill she is on well earned job or well educated or self standed woman. Maintenance right do not have any concern with the cruelty or domestic violence.

You can also submit your facts and circumstances related to your income and responsibilty before the court of law so that maintenance money can be reduced to some extent.

Interim maintenance you need to pay untill she get remarried or died. Permanent alimony needs to pay only at once.

wife will prove the cruelty by giving statements of the relatives before the court and on the basis of the trial the court will believe or disbelieve the existence of the fact. Verbal abuse do amount to cruelty and if the wife is living separately then the court will give maintenance. Also at the time of cross examination with the help of a lawyer you may disprove her allegations of cruelty.

Even if the wife fails to prove cruelty then also you will be liable to pay the maintenance in terms of the statutory obligations.

However, if there is any change in the circumstance then you may again approach the court for modification of the order.

You will have to pay maintenance till she gets remarried or you enter into a one time settlement.

Also you can challenge the order of the maintenance in the High Court if the same has been passed in utter violation of the law.

Regards

I want to know the below things

1. How wife prove crulty in court. If she/relatives say false complaints about me whether court believes

The court is not the one to believe or nt to believe.

It depends on how your lawyer extrats the truth from her and proves her false in the trial proceedings.

2. I have scolded wife 2~3 times for her wrongdoings. Is it cruelty

No it is not

3. Whether court grant interim maintenance even if there is no fault of mine

You can put forth your argument that why interim maintenance should not be granted

4. What is cruelty is not proved in court? still court grant maintenance??

Maintenance is not about cruelty,but it becomes the duty of the husband to maintain his legally wedded wife.

1. What if she fail to prove cruelty..still need to pay maintenance?

If the cruelty is not proved then her cruelty case will get dismissed, but maintenance case is different to this

2. What is I loose job? or salary reduces? still pay same maintenance?

You can file a petition seeking revision owing to changes in your status.

3. How many years need to pay maintenance?

The monthly maintenance should be paid till her lifetime or till she gets married to somebody