I got married on March 2017, we always had problem because of her mom, she left my home on October 2017 by fighting with me for small reasons.. her mom have affair with another guy and he left his original family and living with my mother in law. He does black magic and my wife and her mother believes in that. She refuced to have intercourses with me due to that guy. He called me twice for money and fought with him also but my wife doesn’t believe me if I tell about that guy. she only believes in her mom and that guy only. Once I recorded her phone and found that my wife was telling her mom to do black magic for my family and she wants both my parents to suffer with illness. Frustrated me still tried to change her by giving some good advice, but she was not at all in my control. Once she left my home also I tried calling her but she abused me with bad words, Then I applied for divorce and expected that she will not show up as she is not interested to live with me. But they came, I mentioned all the above things in my petition except the recording, my lawyer said I should not Use that recording as They will redirect the case. They haven’t filled the return petition yet. I am earning 3lack per month. She is studying 3rd college. Can I win this case? How much interim maintenance I have to give? How much complete maintenance I have to give if i get divorce? Can I use their private talk as evidence to court? How much time it will take to get divorce if they contest continuously?
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1) For court procedure for divorce it may take upto 2 years from filing the case or more depending upon how many cases are pending in the court before you filed the case.
2) If maintenance is granted by court it will be 25% of your net income per month so you have to show all your expenses and income.
3) Yes you can produce private talk as evidence for running case.
1) since your wife is not working she is entitled to maintenance
2) court can afford her around Rs 50000 as maintenance
3) you cannot rely upon conversation between your wife and her family members
4) contested divorce proceedings take 5 years to be disposed of
1)according to evidence act you can use it as a evidence in court during the divorce petition.
2)Maintenance laws and rules differ from religion to religion. The amount of maintenance fixed by the court depends upon the monthly income of the husband.
3) No specific time can be assigned to decide the contested divorce in India. It may take 3 years upto 10years, all depend what all interim relieves are sort while the main divorce case is pending, how much the opposite party delay the divorce process through his/her lawyer, the various dates taken or given for the lawyer’s strike or presiding judge on leave etc all add to delaying the process of justice in India.
4) try to convince your wife for Mutual Divorce. It's a faster and hassle-free mode of divorce. Under this, both parties file for divorce petitions.
Hi, firstly it is advisable to register a criminal FIR against your wife and her parents for criminal conspiracy against your parents ..Once the FIR gets registerd it will be a strong evidence for proving mental and physical harrasment in your divorce petiton ...If your wife Is working then she is not entitled for maintanance ..The divorce petiton can take 12-18 months to get decided
You have a quite a strong case and likely to win without alimony, if your lawyer is competent enough
Sir you can get divorce on ground of cruelty if you are able to establish that no intercourse is there, she is indulged in black magic and abuse you.
The court can award about 20 to 25 percent for interim maintenance.
Yes you can use as for family matter there won't be anything else as evidence.
It can take 2-3, year or more depending upon pendency.
The time taken for disposal of contested divorce cannot be predicted owing to several unavoidable reasons.
However it may take between three to five years in the given situation.
The evidences in your possession may not be admissible before court.
If she's claiming maintenance you contest the same properly.
The court may grant her25% of the proven income as monthly maintenance.
1. Yes, you may win the case, if fight properly with the case laws and produce best evidence before the court.
2. 1/3 of your income can be granted as maintenance if she is not working or able to maintain herself
3. Maintenance will be paid till the time of her employment or earning or her remarriage.
4. yes you can use the private talk as an evidence as these are electronic evidence which are admissible as an evidence 65B of Indian Evidence Act-1872.
5. contested divorce may take more then 3 years.
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Hello,
yes you can get the divorce.
if she files a case of maintenance under 125 or DV act then you will have to give her sustainance allowance.
Yes you can use the recording as evidence.
amount can not be told before hand as there is no mathematical formula to calculate the same on the basis of the salary.
regards
Dear Sir,
You can file divorce on your wife without alimony since she is leading adulterous life because that guy might have also having relation with your wife. Take this strong contention and win the case.
the ailmony will depend on your income and her needs the way you maintained her during her stay with you. you can settle with her through onetime alimony the amount can be decided mutually. you can also contest the case but period cant be projected but eventually matrimonial disputes get settled. You can use it as evidence by submitting 65 B of Indian evidence Act certificate in court.
Dear Sir,
You may approach High Court to issue a direction to the Trial Court to dispose of the pending cases within a time bond period. You must show her educational qualifications and her sources of income to lesson the burden of payment of huge alimony or monthly maintenance. Further you must show your expenses so that your Net monthly income is very less.
