• Divorce and Maintenance

Hello Sir / Madam, 

I am sakthi, Male(34). My divorce case is pending at Chennai Family Court. I have filed the divorce petition against my wife based on cruelty and mental torture in 2016. She stopped me seeing my parents and If I go against her then she will abuse me using unparliamentary words and some times she threatened me of committing suicide or she will harm my sisters. I couldn't go against her word since I don't want my family to get hurt. Though the case was on due to their family pressure I gave her a chance to live with me but one condition that she has to be with my family at my home town for 6 months after that she can join me in Bangalore where I am currently working. But, when ever I am out of town she abused my parents very badly and she tried leaving the home coupe of times. But, my parents stopped her leaving home. One day when my parents are not at home she left the home with all her things and told the neighbor that her dad met with an accident. When my dad was in the death bed my parents revealed about my wife's abuse and how she treated my parents. Now she has filed a RCR petition and asked me to stay with her leaving my widowed mom and she can not leave my home town as my maternal grandma is still with her. She has filed for maintenance as well.
My question is
1) She literally stopped me doing my responsibilities for my parents and when I made my mind to come out of her it was too late?
2) After marriage do I need to leave my parents behind and live only for my wife? Isn't my duty to take care of my parents
3) I have a 3 year old girl baby and when every mu parents play with her my wife will thrash my baby very badly stating that my parents are not supposed to play with my daughter? I am ready to take care of my daughter but should I need to maintain my wife after all I have gone through.
4) As the law favors women I can not fight alone, I cannot provide monthly maintenance as I have to close the loans I have taken for my dad's treatment and I have to take care of my mom as she is the only soul I have to take care.
can I go for a one time settlement as I am not ready to live with the women who is the reason for my dad's death and my guiltiness that I left my dad by trusting her.
Please advise me on the above questions
Regards,
Sakthi
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

1) wife forcing husband to stay separte from parents amounts to mental cruelty and is ground for divorce 

 

2) you dont have to leave your parents 

 

3) you have to maintain your wife 

 

4) you can go in for one time settlement pay her lump sum alimony for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Forcing husband to live away from parents, valid ground for divorce and wife with such behavior and attitude not entitle to alimony.

One time settlement not advisable. Once she got remarry or lives in adultery, not entitle to further maintenance if any ordered by court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. See it is your responsibility towards parents also and of your wife stop from such responsibility then that amount to cruelty.

2. No you have responsibility towards your parents also.

3. You can contest the maintenance on ground of her cruelty and further if she is earning.then that shall be strong ground for same.

4. See if she is ready to divorce and ready to accept.the reasonable.amount then in that case you can go for one time settlement in this case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Already provided you ground of divorce, if she is not agreeing, go for contested divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

 You don't have to leave parents. Yes you can go for one time settlement, pay one time alimony and take mutual consent Divorce.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The recordings of abuse shall help you in the court.

2. If she is not ready to accept one time settlement then in that case it won't be of any use to pay any amount in that case.

3. See you can contest monthly maintenance on ground of her crulty qualification and your liability 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can file for divorce on grounds of mental cruelty 

 

2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

3) you have not mentioned whether your wife is working or not . if she is not working or there is substantial differences in your incomes you have to pay her maintenance 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

1)    She literally stopped me doing my responsibilities for my parents and when I made my mind to come out of her it was too late?Ans: you may intensify your litigation and get dirvorce. Your mother may file a DV Case against her.

2)    After marriage do I need to leave my parents behind and live only for my wife? Isn't my duty to take care of my parentsAns: yes, your wife’s cruelty is on record.

3)    I have a 3 year old girl baby and when every mu parents play with her my wife will thrash my baby very badly stating that my parents are not supposed to play with my daughter? I am ready to take care of my daughter but should I need to maintain my wife after all I have gone through.Ans: You may take child custody but the child is too young.

4)    As the law favors women I can not fight alone, I cannot provide monthly maintenance as I have to close the loans I have taken for my dad's treatment and I have to take care of my mom as she is the only soul I have to take care.Ans: You must show every paper of your expense to the court. can I go for a one time settlement as I am not ready to live with the women who is the reason for my dad's death and my guiltiness that I left my dad by trusting her.Ans: Yes, you can make a big issue out of it during her cross examination and win the case.

1)    I am ready to pay her one time by selling my dad's property but she is not ready for mutual?Ans: The court will decide in your favor.

2)    As she is not agreeing for mutual should I force myself to pay monthly? I want to get out of this and to take care of my mom well.Ans: you may file an application to the court to decide the matter and disclose to the court about your ability to pay lumpsum amount towards alimony.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Sir,

Instead of giving regular maintenance, it may be possible to make a one time settlement in which the husband gives a lump sum amount to the wife.

The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If she live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

she get total compensation of Rs.1 Crore Rs.20 lakhs.

Produce the following documents in your maintenance defense:

  1. Rent agreement
  2. Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
  3. Medical expenses of yourself and your parents about Rs.5000/- per month.
  4. Dependency certificate showing how many family members depend upon your salary like parents etc,

The following FAQ's will help you to reduce the maintenance amount:

  1. What is the maximum maintenance amount for a resident Indian? 
    A. Maximum is around Rs.3000 per month. Exceptions are very rare.
  2. What is the maximum maintenance amount for a non-resident Indian (NRI)? 
    A. Maximum is about Rs.10000 per month. Exceptions are very rare.
  3. Can I appeal the order of maintenance? 
    A. Yes. You can appeal (get it set-aside) within 3 months of the order.

Q. Can I bring some facts to the judge and get my maintenance reduced? 
A. Yes. 
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA). 
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc. 
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance. 
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.

Following are the grounds to get divorce order.

Attempt to suicide is also an offense.

Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’: SC [Read Judgment]...

The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce.




 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ans 1 NO

2 NO. AND YES, ta.king care of your parents is pious responsibility of son.

3 Your wife is wrong on her part.Protect your old parents and ask them to protect themselves from bodily injuries. Continue  loving and caring the daughter despite wrongs committed by wife. 

4 You need to engage a local lawyer. Ask him to contest the maintenance case on merits . Continue taking care of the mother . Continue settling the financial issues. Yes you ask her to give divorce on mutual consent. Dont feel guilty. Death is truth. If Death has to come, death will come despite any number of cares. Remember Steve Jobs, he was killed by his pancreatic cancer despite taking huge care. Pray to almighty to give rest to the soul of your father. Take lesson that the nature  of your wife is toxic and in times of need, she wont look after you either. Your Dad perhaps wanted you to know that your wife is that kind of person.........

You have to decide for your marital life.

 

Your Second Q ans.

1 Stick to obtain divorce on merits go through the whole procedure. Let the Court decide maintenance and alimony if any.Follow the court orders.

2 You dont have to force anything on yourself. Daughter is your responsibility. Let the court decide the maintenance for your daughter and the wife. Follow the court orders.

3 None of your relatives should live with the wife at this stage.

4 Reside separately and file for child custody.

5 Become stronger and be prepared to fight a legal battle. You are very likely to face several cases filed by wife sooner. Plan the things with a lawyer.

And once legal things are done, achieve peace of mind and focus on your job and take max care of your  mother and your family members . As far as getting out of this marriage is concerned, it will take some time as per based upon the picture of the situation drawn by you. Dissolving the marriage is beyond your controls so stop being provoked for the same.Be Brave . Thanks

 

Stay calm. 

 

Deepankar Kataria
Advocate, Delhi
194 Answers

1. if she is forcing you to live separate from your parents, its a mental cruelty and you can file divorce on this ground

2.  parents are your responsibility and you need not to leave your parents for anybody

3. maintenance is her right but she can't deprive your parents to express their love toward their granddaughter

4. “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, expenses on marriage etc, therefore, you are advised to present all your liabilities (Loan, Father treatment, mother responsibility etc) before the Court before decision of the case.

try to get her ready for mutual consent divorce

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

the recording will surely help you if she doesn't become ready for Mutual Consent divorce, file contested divorce.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Forcing Husband To Get Separated From His Parents, Amounts To Cruelty. You can file divorce on grounds of cruelty. 

File a divorce petition on grounds of cruelty and contest the matter on merits. If she is ready for mutual divorce then you both can execute a MOU and dissolve the marriage through Mutual divorce Consent. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a divorce case against her on the grounds of cruelties. 

Asking you to leave your parents alone and to live with her separately away from your parents is also cruelty. 

As far as maintenance is concerned you may have to pay her and your child every month provided she is unemployed. 

You can arrange for one time settlement also. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can very well file a contested divorce case against her on the grounds of cruelties. 

The maintenance amount can be decided at a later stage. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have got your answer in your own query.
  2. Asking husband to leave the parents is considered to be a cruelty on husband by wife as per the latest rulings of the Hon’ble Supreme Court of India.
  3. And if you happen to prove her cruelty on you then you may not be asked by the court of family law to pay her any alimony.
  4. Though you may be asked to pay the maintenance for child.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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