• Wife using all available legal weapons against me

I'm working in IT aged 28. I got married in June 22nd [arranged marriage]. My wife aged 22 . Both are B.E graduate. My take home is 20K after subracting all EMIs and other stuff. My parents are dependents on me and living with me. I own a home (EMI) . Within 2 months of marriage, my wife lodged a fake dowry case against me and also parallely lodged domestic violence case in collector office. I was forced to go in for anticipatory bail petition and madras high court redirected to under-go mediation. In mediation, my wife & her parents demanded my parents to go out and wanted my home to be transferred to my wife's name, else they warned of legal consequences, which I never obliged. While mediation has ended and AB case is still pending, My wife had filed a seperate maintanence case under crpc 125, claiming 35K as maintenence amount.

I'm totally shattered by their greediness and the language they used to described their petition. Here are my questions.

1) Since she filed maintanence, what will happen to AB case.
2) What factors will be considered for granting maintenence. I myself does not get 35K as my take home ( I have home / car / bike all on EMIs ). She was working previoulsy, but recently she quitted her job for the sake of getting maintanence. Considering her age & education, she can still secure a good job. She wantedly doing this to harrass me. Will court understand this?
3) All her claims were false and she would be able to prove this. If that happen to be the case. Is there anything I can do to react ?

4) While I'm able to communicate verbally, I feel ashamed & dejected to talk about my past exp about this marriage. Either I will shout due to high temper / break down due to shameness. Is it necessary that I should speak myself in family court or it will be my lawyer who speaks on behalf of me ( as shown in films ).

5) Is there a way to settle for permanent alimony, than monthly maintenence. My marriage span has not even completed a year. From the 3rd month, she started created problems and started living alone with her parents. Marriage is not consumerrated still.

Please help me :(
Asked 1 year ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1. Maintenance case has nothing to do with AB. AB would be heard in its own merit,
2. Your gross salary would be considered but court would deduct the IT burden from you. EMI will be of no consideration.
3.Her falsity can be proved during trial but the court can avid to see this while granting interim relief.
4.During your evidence you have to tell the actual facts. Else your case will suffer,
5, In litigation only monthly alimony order will be passed. In compromise only or in final verdict permanent alimony will passed.
Devajyoti Barman
Advocate, Kolkata
5236 Answers
54 Consultations
4.9 on 5.0
1) don't bow down to blackmail tactics

2) you will get anticipatory bail from court . Contest 498a case on merits 

3) since wife is highly qualified and working in past you  won't get maintenance 

4)If wife was housewife she could have been awarded maintenance 

5) once you have engaged lawyer he will make submission on your behalf

6)file for divorce on grounds of mental cruelty on expiry of one  year from date of marriage

7) refusal to have sex amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1) Since she filed maintenance, what will happen to AB case.
Ans:-Both cases will go parallel.   
2) What factors will be considered for granting maintenance. I myself does not get 35K as my take home ( I have home / car / bike all on EMIs ). She was working previoulsy, but recently she quitted her job for the sake of getting maintanence. Considering her age & education, she can still secure a good job. She wantedly doing this to harrass me. Will court understand this?
Ans:-Judge won't allow marriage being made as a license to extract money easily from the other side.  
3) All her claims were false and she would be able to prove this. If that happen to be the case. Is there anything I can do to react ?
Ans:-You have every right to prove your case and disprove hers.  
4) While I'm able to communicate verbally, I feel ashamed & dejected to talk about my past exp about this marriage. Either I will shout due to high temper / break down due to shameness. Is it necessary that I should speak myself in family court or it will be my lawyer who speaks on behalf of me ( as shown in films ).
Ans:-The former is true if you have not engaged somebody. 
5) Is there a way to settle for permanent alimony, than monthly maintenence. My marriage span has not even completed a year. From the 3rd month, she started created problems and started living alone with her parents. Marriage is not consummated still.
Ans:-For all your grievances,you should wait at least one year.

Thanking you,  
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1. Maintenance has no bearing on the AB case.

2. Since your wife is well qualified and was working till recently she may not get any maintenance from the court. Your dependencies will be taken into account by the court if at all you are ordered to pay maintenance. 

3. She will have to prove her claims in the court if she has to stand any chance to succeed. You may contest her claims in accordance with the law.

4. Your lawyer alone has the right to audience in the court. You are not to address the judge unless the judge asks you something. There is a decorum to be followed and maintained in the court, if you breach it you may be hauled up for contempt of court. 

5. It is for the court to decide whether it should be permanent alimony or monthly maintenance. This does not restrain you and your wife from agreeing to permanent alimony.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1) Since she filed maintanence, what will happen to AB case.
Opinion: There is no effect on AB.

2) What factors will be considered for granting maintenence. I myself does not get 35K as my take home ( I have home / car / bike all on EMIs ). She was working previoulsy, but recently she quitted her job for the sake of getting maintanence. Considering her age & education, she can still secure a good job. She wantedly doing this to harrass me. Will court understand this?
Opinion: Yes, the court will consider all the aspect, regarding her education, previous employment and current status. There is lots of judgment in your favour in which the court reject the maintenance petition of educated and able to maintained wife, fight the case on merit, if you required any judgment then you can contact over the phone after pay the consultation fee which is very reasonable.
 
3) All her claims were false and she would be able to prove this. If that happen to be the case. Is there anything I can do to react ?
Opinion: the prove the allegations are very difficult and you also get the opportunity to cross her and other witnesses and disproved her allegations.

4) While I'm able to communicate verbally, I feel ashamed & dejected to talk about my past exp about this marriage. Either I will shout due to high temper / break down due to shameness. Is it necessary that I should speak myself in family court or it will be my lawyer who speaks on behalf of me ( as shown in films ).
Opinion: Both of you have right to speak before the court, if at any point of time your lawyer is unable to raise the voice or communicate properly then you may speak before the court after getting permission of the court.

5) Is there a way to settle for permanent alimony, than monthly maintenence. My marriage span has not even completed a year. From the 3rd month, she started created problems and started living alone with her parents. Marriage is not consumerrated still.
Opinion: Pray to family court for counselling and try to settled the matter amicable with the help of the counselor.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. The maintenance case would have no affect on AB case. they are independent of each other.
2. Since your wife is not a housewife and is able to support herself by making a living, the court would be resistant in granting her any maintenance however she cannot be forced to take up a job now but if u could prove that she quit her job for the sake of getting maintenance, she will not be awarded any maintenance.
3. contest the case on merits and provide all evidence. That will help you to prove your case in a well planned manner..
4. your lawyer will speak on your behalf. You cannot speak if you have engaged a lawyer. Only if a direct question is asked from you by the Judge, would you be oblige to answer him in a peaceful manner.
5. go for mediation and settle the matter. get the compromise recorded in the court as regards maintenance amount in the form of alimony.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
 1)since your marriage is not consummated i presumed that your wife refused to have sex 

2) it should be your case that wife refused to have sex . number of judgements that sex is basic need and that refusal to have sex amounts to mental cruelty 

3)it will be your wife case that you are impotent hence marriage not consummated . your medical tests would be necessary to prove you are potent 

4)if you get onsite openings you can travel abroad if no restrictions are placed by court in this regard 

5)amount spent on marriage expenses by you would not be taken into account for determining permanent alimony 

6)if wife refuses to give divorce you will have to file for contested divorce . it would take  around 5 years 

7)court cannot force you to stay with wife even if decree of RCR is passed by court 

8)statement of witnesses , correspondence exchanged between parties will help you in making out a case for mental cruelty 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1. If the marriage is not consummated then you may apply for nullity of your marriage. 

2. The permanent alimony so decided can be set off against the amount spent on marriage. 

3. If you file for divorce and she contests it then the court will deliver its judgment on the merits to decide whether you are entitled to divorce or not.  You can get divorce even if she contests it.

4. No documentary evidence is required.

5. No adult can be forced to live with anyone.

6. Either of you can challenge in the higher courts the lower court verdict if it goes against you.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. These two are two different cases and one will have no affect on the other. It is strange that AB has not yet been granted. Has the AB case been heard?

2. Your net monthly earning after deducting the compulsory payments is considered for granting maintenance. Normally it is in between 1/5th to 1/3rd of the above monthly earning. The Apex Court has, in his, recent judgement, has stated that highly educated wives having capability of earning is not entitled to maintenance,

3. You shall have to contest his cases filed against you. If her allegations are proved to be false, you can file a cse against her for filing false case against you,

4.Keep your cool and work with your head and not heart. You can talk calmly and/or can take the help of your lawyer which the mediator may discourage,

5. It is she who will ask for payment of alimony snce in case of maintenance you may stop paying it saying inability and she has to approach the Court repeatedly. Why should you yourself want to pay alimony?

6. After one year of marriage, you can file a divorce suit on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0
1. If you want divorce, then you should not say that you refused s*x with her. Rather your allegation should be that she has refused s*x every time you approached her which will be treated as cruelty. If she is found virgin medically, it will be easier for you to prove your point. Court shall have to be explained about your points to avail favourable order, 

2. Marriage is not declared as Null and Void for willful non consumation. Marriage is annuled in case of non consumation due to impotency,

3. Contest the cases filed against you fittingly and persue the AB petition filed by you seriously,

4. Its has nothing to do with order for payment of alimony. Moreover, alimony is order to be paid in case of granting divorce against the prayer of the wife,

5. You shall have to file the divorce suit after completion of one year of marriage. You should vigorously persue the said divorce case,

6.You shall have to submit all the evidence of her cruel behaviour by audio/video taping the conversations,

7. No court can force the unwilling husband and/or wife to join the other party against his/her wish. In case of such refusal by one party to join even after being directed by the Court, it becomes easier for the other party to get the decree of divorce,

8. There is no time limit for disposing of divorce case. She can certainly file an appeal before the higher court against the order of the lower court and vice -versa.

Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
5.0 on 5.0

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