• Less maintenance / compensation

We got married in August 2017 My age (31) wife (30) an arranged marriage, We are from Mumbai but I'm working in Chennai from last 5 years
After marriage she was there in Mumbai with my parents for a month and 2.5 months with her parents In November she joined me in Chennai there we started having small misunderstandings & she's become more dominating & tried to do whatever her MOTHER says & Her MOTHER dominates her entire family nobody dares to speak against her not even father
So she wanted her daughter(my wife) to do the same & make me dance to her tunes but I'm completely against her wishes which annoyed her & her mother

As this continued till December 2017 so she decided 2 go back 2 her Maternal home (Mumbai) & she closed all communications with me after she reached there.

My family arranged couple of meetings with her family & few well wishers from both sides to sort out these issues everybody understood that her mother is the real culprit behind all her wrong behaviour
As my Wife is refusing to come so I sent (March 2018) a notice through my lawyer (NOT court) to come back & stay wid me.
In reply to my letter she sent a notice (April 2018) through her lawyer (NOT court) quoted with baseless allegations like dowry & sexual harassment & we forcefully thrown her (all are baseless)
I didn't ever respond to her notice and maintained complete silence till date

December 2018 she sent a notice from court asking ONLY for maintenance 25,000/- per month or compensation of 15 Lacs and it didn't mention about Divorce or she wanted to come back

So all in we stayed together hardly for a month or two 

Already have 3.5 Lacs of Personal Loan since Sept 2018 & my brother's Educational Loan 1.2 Lacs on my name (August 2017)

So pls advise what are d other possibilities to lessen the maintenance 

My NET salary is 65k
As far as I know she isn't working anywhere 

1) My house rent in Chennai is 9k now but I want to show min. 20k. Is that okay, will court accept high rents ?
2) I have ageing parents both (50+ and not working) so how much I should pay them ? 10k-15k or more is acceptable
3) Can I convey the message to Judge that I'm ready to take her back and avoid maintenance, I'm sure she will deny so what shud I do in this scenario ?
3) While mediation can I tell counsellor that I'm ready for settlement & MCD or shud I wait till maintenance is passed
4) Pretty sure she won't come back ever so shud I file Divorce or wait for certain time.
5) How wud I get her information whether she is working or not ? we don't have any mutual friends or relatives to extract this info so can court help in getting her ITR or other sources
6) can she file DV or other cases after I file for divorce

I want to pay very less maintenance as she hardly stayed with me for 45-60 days in last 1.5 years and settle for less settlement. Pls guide me in getting out of this marriage, i'm very frustrated and more worried about my parents.
Asked 5 years ago in Family Law
Religion: Hindu

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25 Answers

You need to tackle this case other way round. Since she is the deserter and has left the matrimonial home, deserting you, without there being any just and sufficient cause, she is not entitled to a penny. You need to file a reply saying that she is the one who has deserted you and show your willingness that you are ready to accept her back and bear her full responsibility in the matrimonial home.

Instead of straightway filing a divorce petition, I will advise you to file  petition for restitution of conjugal rights. You need to tackle things in an indirect way, so that you retain some bargaining power at any time there is a out of court settlement in this matrimonial dispute. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed for no fault at all from your side.
  2. Firsty, the allegations which she has been stating in the reply to the notice are simply base less as if it were there then she would have not kept silent till this time.
  3. Maintenance always granted I’m accordance of the expenses on the side of the husband, so don’t worry she won’t get what she has been demanding for.
  4. Yes, you should file divorce proceeding now as soon as possible before she files any false case against you and your family.
  5. As if she does after filing of divorce case then her credibility will be at question for just a counter blast.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1) court considers your net income after taxes , number of dependents to determine maintenance 

 

2) you should pay around rs 15 k as month to your parents 

 

3) no sense in increasing home rentals 

 

4) you cannot force wife to stay with you if she is  subject to dowry/ sexual  harassment 

 

5)in mediation you can take the plea that you want wife to return to her matrimonial home 

 

6)in alternative ready for divorce by mutual consent 

 

7) you can in maintenance case filed by wife make application calling upon wife to produce her last 3 years ITR , bank statement 

 

 

8) you can wait for some time then file for divorce 

 

9) wife can file for DV even after you file for divorce 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1) As you have already appointed a lawyer (the chap who served legal notice on your wife on your behalf), instruct him/her to defend you in maintenance case. Your plea should be that you are willing to cohabiit with you wife and so the question of maintenance under section 125 of crpc doesn't arise 

2) Based on your pleadings, the magistrate will direct your wife for justify her reasons for refusing to cohabiit. If she isn't able to do so, the maintenance case against you is bound to be quashed. 

3) After that file for divorce in family Court. 

4) My legal services are at your disposal. Please leave your contact details in feedback for proper appointment in my office for further consultation. Your contact details aren't shown to me here

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1. We can not advise you to make false evidence. The acceptance of rent receipt would depend on its formal proof.

2. Amount of 15k is fine for maintenance of your parents.

3. Yes but if she refuses to come back it would not help you at all.

3. Yes, you can.

4. Let her say so in court.

5. You can engage a private detective.

6. Yes, most likely.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

1. You need to file proof of same show real rent only.

2. You can show that your parents are aged and you have liability.of same and you can show some expenses towards there food and medical expenses.

3. You can also file in reply that you want to cohibit and can also contest manitenance on ground that she deserted you so deserting wife is not entitled to maintenance.

4. You can talk to her for mutual divorce if she is not ready then you can file divorce on ground of cruelty.

5. File an application before court asking her to disclose her ITR and bank statement on Affidavit 

6. She can file DV and other case but same can be contested on ground that they are after though after divorce petition to harass and you can get same quashed from high court.

 

See I will advise you to do a one time settlement with her and take a mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The husband is responsible under Section 125 CrPC to maintain wife if she is unable to maintain herself, 

You can file review application to the same court for reduction of maintenance amount . If it is not accepted by court then you can appeal to honble high court for the same. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can produce your income details in the court when it is being asked so that the court can take a fair view up your income and accordingly the maintenance can be decided.

It is in the court purview that the quantum  of maintenance amount.

You can file Restoration of conjugal rights under section 9 of Hindu Marriage Act and letlet your wife let your wife to respond that and in case you do not respond then you will get ex Parte divorce which will help you to get the divorce as presently your wife is looking for the maintenance are permanent alimony in that case this maintenance or any money will be decided by the court to wind up the marriage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

  She has filed the maintenance case, hence it is her burden to prove your income to justify her claim;

You can include all expenses to show  a lower income  which may include the expenses to your parents, your housing and other personal loans, your house rent etc;

You can inform court that you were always willing to take her back but it was she who did not want to rejoin.

You can verify that if she is employed, if so, prove it and reject her claim for maintenance.

It is your duty to somehow find out if she is employed or not, neither court nor any one can suggest you the steps to find this out.

Yes, she may file DV case also to wreak vengeance against you.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1. In my view for time being you should not file divorce and contest maintenance on ground only that you want to reconcile with her.

2. When maintenance application is decided go for divorce.

3. See if she is earning or qualified then same can be contested.

4. You can put your liabilities before the court.

5  See amount can be contested based on your liabilities and if she earning or qualified.

6. Appeal/revision has to be filed.

7.See court can pass 1/4 of your salary as maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

  • I have already adviced you here. Go through it again. It satisfies most of your follow-up queries. 
  • Relieve your lawyer. He is misguiding you and botching up your case. You can't file divorce petition till 3 years have elapsed of your marriage.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1) you can file for divorce on grounds of mental cruelty 

 

2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

 

3) court considers your net income after taxes , wife income , number of dependent’s in determining maintenance payable by you 

 

4) court does not consider your personal loans in reducing maintenance payable by you 

 

5) court can direct you to pay around Rs  15000 as maintenance 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. Yes you can file it later and say the same to magistrate about cohabitation. 

2. You can file it anytime.  It's your decision. 

3. Court will decide maintenance on merits.  She may claim anything she will not get it.  You can also oppose the same

5. You can  oppose the same on pointing her qualifications and ability to earn. 

6. You need to appeal to higher court. 

7. Ten thousand

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. You maintain the you are always ready and willing to live with her whereas it is she who has abandoned the  matrimonial home and living separately without any valid reason hence she is not eligible for maintenance, dont file divorce case so soon.

2. Let the maintenance case be decided after which you can file the divorce case.

3. Let she prove your income with evidence.

4. & 5:  You may produce the evidence before court to convince the court about your economic background.

6. You can prefer an appeal.

7. It may be decided to around 25% of take home salary.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

If there is substantial differences in your income wife is entitled to maintenance 

 

2) make application calling upon wife to produce her bank statements, income tax returns, list of investments in fixed deposits, shares etc  for last 3 years 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. See if she is working and capable of maintaining herself then in that situation she is not entitled to maintenance.

2. You can ask before court to direct her to produce her bank statements and ITR and employment details on affidavit.

3  See if she is taking salary in cash then in that case you need to engage some person to find out her work place and then through court can issue him notice .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Yes

2. Yes can bring them

3. You need to sound very 

4  Rti is offensive 

Best of luck go ahead

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. You may file an application for perjury along main matter.

2. Perjury application before same court is best course of action.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file case of perjury against your wife Under section 340 of cr pc for having made false statement on oath 

 

2) no case of forgery is made out 

3) also file application in family court calling upon wife to produce her bank statements , income tax returns , list of investments for last 3 years 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

You file the same with your WS and file 340 and 195 crpc application if it's a criminal Court. Otherwise you can file contempt petition as well perjury for producing false evidence on oath. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. You can obtain the details of her employment and salary income through your own sources only and not through RTI act neither through court.

If at all you have any details of her employment then you can file a petition before court seeking to direct her employer to produce the details.

2. You cannot ask court to obtain the said information through RTI act, you may have to do it directly on your own, the court is not your employee nor you can dictate the court with such things.

3. Neither your lawyer nor court can help you in getting the desired information.

You only have to put your own efforts to extract the details of her employment through your own sources.

Staying in different city is not an excuse, you go to that city, follow her up and find out the details.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

1. You can file a perjury case against her for giving false information on oath before court, but you may have to wait for her to step into the witness box and then during cross examination you may extract the truth from her mouth about her employment after which you can file a perjury case agaisnt her under section 340 cr.p.c.

2. No, there is no forgery  in this, she has suppressed the facts before court hence you can approach court directly instead of police for this.

3. You can discuss with your advocate at length based on the prevailing circumstances to put pressure on her.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

You have filed an application for perjury i.e your wife has lied on oath and submitted false affidavit. Whether statements made in affidavit are true or false can be decided only after trial, rather than making application for perjury better concentrate on fighting existing cases on merits. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Any notice served on you which accuses you of something you have not done should always be replied, failure to respond is tantamount to admission of allegations.

2. Any amount of rent that you plead you are paying in your reply to the court will have to be proved through documentary evidence by you.

3. You have to decide how much you should pay your parents. Court has to fix the quantum of maintenance after taking into account your net salary and liabilities.

4. Even if you tell the court that you are willing to take her back you cannot avoid maintenance if she wishes to not to return to her matrimonial home.

5. You have to decide whether to apply for dissolution of marriage.

6. She can file DV and other cases before or after you file divorce.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If you contest her maintenance claim on the ground that she is earning then onus will be on you to lead documentary evidence to prove this in the court.

2. No counter case is made out at this juncture. The statements given by her in the court cannot be termed 'false' unless the court has declared they are false.

3. Contest fittingly any cases she may file.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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