• FIR under section 324, 498A

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We are married for 15 yrs, myself BE and wife IIT graduate both are software professionals , we are staying to gether and my wife filed polie complaint sec 324 /498A . I was arrested and on bail. we are still staying in same house (owned jointly) Wife says she does'nt want divorse but is claiming maintainance as part of settlement (compromise) for taking back complaint.
Is is persmissible by law to claim for maintiance when already staying with husband , wife had taken break in career (5 yr break) after our daughter was born
now working 
Please help with advise
Asked 2 years ago in Family Law from Mysore, Karnataka
Religion: Hindu
1. The wife can claim maintenance even if she has been staying under the same roof with her husband.
2. However in your case whether your wife stays with you or not, she can not claim maintenance since she is gainfully employed with good earnings.
3. So if she files maintenance case she is unlikely to get maintenance for herself if you could show her qualification and earnings. 
4. However you ma be directed to make proportionate contribution towards the maintenance of the child.
Devajyoti Barman
Advocate, Kolkata
5157 Answers
54 Consultations
4.9 on 5.0
1. You shall have to clarrify about the 5 years break in career,

2. Will she rejoin the same company where she worked after 5 years?

3. Or she has just resigned from her service and told you that she will start working after 5 years,

4. However, she can claim maintenance even staying under the same roof, more so when the property has been jointly owned by you,

5. She can not claim any maintenance since she was employed and also is capable of earning and maintaining herself, being highly qualified,

6. In any case, you shall have to provide for your child's maintenance jointly with your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
If your wife is earning then you need not provide maintenance for her but for your daughter you will have to even if u r staying in the same house.
it is not a relevant consideration in law that if wife is stayin together then she cannot claim but in ur case she may not get as she is able to sustain herself.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi, whether court was order for maintenance or in the police statation police has  ask him to  pay maintenance.
2. Secondly where the complaint was withdrawn in court or police station.
3. Order for maintenance is binding on you when the order is passed by the court only and at the time of passing an order she was not working and now she is working then file a petition for modification of order.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) your wife is not entitled to any maintenance . since your wife is highly qualified software professional and has worked in past she is not entitled to maintenance 

2) dont bow down to black mail tactics . 

3) contest complaint filed by wife on merits 

4) since your wife is also residing in same house with your 5 year daughter and you are maintaining your child and paying her school fees and other expenses you dont have to pay any maintenance
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Hi,
1. you should defend the maintenance claim on the very basis that she and child are a maintained by you.
2. if she is working at present she cannot ask for maintenance and if you are taking care of the expenses of the child and household expenses bills, produce the proof before the court.
3. if your wife is not living in  conjugal and a peaceful  relationship with you , you should file for divorce on grounds of cruelty .The FIR under 324 and 498A can be an act of cruelty in divorce.
4. If you are already on bail what  do you fear for as the circumstances of your case shows that the FIR under 498A is with the intention to trouble you and the legal options have been used against you.
5. It is also important to see that she doe not get an order against you regarding the house if she files for reliefs under domestic violence act 2005, . 
since the property is in the joint name she has the right of 50% , in case of a divorce settlement you can dispose it accordingly and give her share.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Wife can file a case for maintenance even while living under the same roof with her husband. Divorce and maintenance are two separate legal concepts. As long as she remains your lawfully wedded wife she has the right to reside in her matrimonial house and at the same time enforce the liability of maintenance on her husband.

2. You can contest the maintenance claim of our wife if she is earning on her own or is sufficiently qualified to earn on her own.

3. If you are providing her the necessary finances then the court may not award her any maintenance, albeit you may be directed to provide for your child. 

4. Contest the 498A case on merits.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
she can claim maintenance under domestic violence act on the ground of violence caused by you, she can't claim maintenance under cr.p.c. because there is no mistress living with you, she can't claim maintenance under adoption and maintenance act because she is living with you and not willing to give divorce.

if she has ability and opportunity to maintain her then court is bound to admit this fact and decrease the amount of alimony and in all case alimony can't be fixed that it will be a mode of punishment for you and illegal gain for her.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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