• Wife left as she blamed my mother for black magic

Hi 
My wife left me by saying my mother does black magic and does mantras on her .
My mother is a doctor of age76 years and does normal pooja and mala of hanuman and shiv for everyone in the family as she is also a cancer survivor .My father is 84years and a doctor he also has cancer nad roads heavy medication .They are unable to travel and live in Jabalpur MP 
My wife age44 and me age 47 had a married life of 16 years no children due to certain medical reasons. She is not earning and staying with her brother fir past 4 months .We live in Noida .
I tried negotiation but they want my parents to come to my place to talk and are just prolonging the issue .
What is the solution for this , Is judicial separation advisable, and how much stipend shud be given as my sal is 40 k /month.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

If your wife is not ready to restitute the conjugal rights or for mutual consent divorce, then you have an option of divorce on grounds of cruelty against husband and in-laws by wife.

Allegations like black magic by mother in law, if not proved by your wife in court would remove the impediments in grant of a divorce decree.

Siddharth Jain
Advocate, New Delhi
6095 Answers
101 Consultations

5.0 on 5.0

Maintenance awarded to the wife is generally one-third to one-fifth of the income of the husband.

But, if your wife is well qualified and can maintain herself on, her own, in that case very less or no maintenance order would be awarded to her.

Hope this helps.

Regards.

Siddharth Jain
Advocate, New Delhi
6095 Answers
101 Consultations

5.0 on 5.0

Sir you should first try to settle issue amicable if she is not ready to stay with you in marital relationship then you must consider for a mutual divorce in case she does not agree for mutual divorce then you can file a contested divorce on grounds of cruelty as harresing older parents accusing them of black magic is cruelty and you can contest and get a divorce.

further the maintenance is decided looking at several factors such as your income, wife qualification, your life style, liabilities it is generally awarded from 15 to 25 percent of husbands salary.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you may file for divorce or judicial separation. If wife files for maintenance application then se may be granted approx 15k per month as your salary is 40k.

Regards,

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Immediately file judicial separation or divorce petition before family court under section 10 or 13(1)(ia) of Hindu marriage act

Approach the conciliation center when she appear before the family court and try to amicably settlement with her, if she is not ready to settle then fight the case on merit.

1/3 of your income can be granted as maintenance after deduction of all necessary taxes.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Best option is to file for divorce by mutual consent

2) since your wife does not want to stay with your parents and they are quite old and suffering from medical problems you cannot desert them at this age

3) you can pay Rs 10,000 per month as maintenance

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

You have to try to adjust to bring her back you need to file a petition under section 9 for Restoration of conjugal rights under Hindu Marriage Act if it works then fine otherwise after 6 month file case of divorce she can file a case of maintenance under section 125 CrPC which is normally decided by the court on the basis of financial condition of the other party and the social and financial background of body parts almost 20:25 p.m. amount of income is given as maintenance to other parts but it is dependent on the courts decision

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

You could give 8-10k as monthly maintenance to your wife.

If you want to save this marriage, it is better you talk this out with your wife and in-laws and if the talks fail, you must file a petition for restitution of conjugal rights.

Go for divorce instead of judicial separation.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hii

Send your wife a legal notice asking her to resume cohabitation with mentioning the condition of not effecting the peace of your parents with enough time period. Any which ways it's illegal and offence to harassment the old parents. On the basis of this you can go head a file a matrimonial petition for judicial operation.

However for filing divorce you need two years of separation and for mutual consent you need one year separation.

Your wife can claim maintenance on monthly basis or permanently . You shud apt only for monthly basis you can give all your expenses calculation and balance left everything to court and the court will decide and give judgement on the basis of the same.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1) you can go for mutual consent divorce and she will be entitled for 15000/- per month alimony.

2) Yes , you can give for judicial separation, but it will take time as compared to MCD.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Firstly, the kind of act done by your wife is not acceptable at all by any son who take cares of his parents.

Secondly, there is no law which can call the Pooja as tantra mantra, so you please relax on that part.

Thirdly, in fact you can file a divorce case on her on the ground of mental cruelity as whatever she has been doing with you and your parents come under the purview of mental cruelity.

Fourthly, as she is not working so you won’t be paying more than her standard of living, and the same is different from person to person.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

25 % of salary.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you feel that she is not behaving properly or it is not possible to live together with her but still want to save your marriage then you can file a petition for judicial separation.

As far as maintenance is concerned the court may decide up to25% of your take home salary.

But she has to prove your income before court with evidence.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

You can file fir separation and after 1 year for divorce. The court will consider all your expenses and then decide a amount as ailmony. If she is capable of earning then she will not get ailmony.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

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