• Advice regarding alimony and possible solutions

Hello..
I'm got married in February 2019. It was an arranged marriage. After the marriage we stayed together for one month in our parental home and went to Andaman for honeymoon trip. When I tried to make physical relationship with her she didn't allowed me so I refrained from doing so until we get emotionally close because I wanted her to be comfortable. 
I am an engineer working in northeast India. So after one month I went back to my job and she went to her parents home. I came back after around two months 
in may and she also came.
But instead of coming close we started fight on petty issues so as a result we got more separated emotionally. I stayed for one month again this time but still we could not establish any physical relations due to these frequent fights that we had on petty issues. 
After that she went back to her home again in June when I returned to my job. 
After about one month my mother fell sick in July and I asked my wife to come home to take care of my mother but she refused citing reason that we have no relationship like husband and wife have. I told her that I gave her space so that she became comfortable but due to her misbehaving nature we got away emotionally. I told her to behave good and we will improve our relationship.
But she instead told her parents about all this and possibly she that I am impotent because her father raised this issue of me being impotent with my father. 
I am physically fir and don't have any sort of problem as her father said. 
I want her to come back but she don't want to come ever after her parents tried to convince her..
Now as I knowk she is not willing to come back I am thinking about divorce...
So I want to know if I will have to pay her any alimony as maintenance. She is a well educated girl. She has done MBA and also work in IBM company for about one year before finally giving up her job for marriage. It was my condition that she could not do job after marriage as her job was in Delhi NCR and I wanted her to live with me at the place where I work in northeast India. 
I wasn't against her job..I told her that she can do a job while living we me in northeast.
It was finally her decision to quit job. She could have said no to the marriage if she wanted to work in Delhi NCR only. She can start her job and can be self dependent if divorce happen.
So in the light of above information please tell me what options I have regarding alimony and other aspects.
Asked 12 days ago in Family Law from Meerut, Uttar Pradesh
Religion: Hindu

Only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

 

2)wife  refusing to have sex amounts to mental cruelty and is ground for divorce 

 

3) wife falsely alleging that husband is impotent is ground for divorce 

 

4) you have not stated what is your income hence cannot guide you as to alimony payable in event of divorce 

 

5) court will direct you to pay her maintenance 

Ajay Sethi
Advocate, Mumbai
68050 Answers
4107 Consultations

5.0 on 5.0

See firstly you and your wife can try some marriage counselling together so that you can save your.marriage and give a chance to your marriage.

You can also send a restitution notice and file petition of RCR before the family court asking her to restitute the conjugal rights.

If on that also she is not agreeing ask for a mutual divorce from her, in mutual divorce you and your wife can decide the terms of divorce and amount of any alimony to be given.

 

Further if she is not ready for mutual divorce also you have to then file for contested divorce on ground of cruelty and establish same before court.

 

See as far as maintenance is considered you can contest same on ground that she is qualified further that she deserted you still.court may grant her maintenance pending divorce and also on conclusion can grant her permanent alimony amount.

Shubham Jhajharia
Advocate, Ahmedabad
20174 Answers
80 Consultations

5.0 on 5.0

If you want to reduce the chances of paying maintenance, file RCR.

File contempt petition if she willfully disobeys the RCR .

After one year of non-compliance RCR, file divorce petition.

As per law, educated woman or who deserted her husband without any justifiable reason , is not entitled to any maintenance. But now Lower court acts without going through the laws. The entire matter of entitlement of maintenance has now become a mess , by various high court and supreme court orders issued in different directions and also in contradiction to other orders in the same issue. This is surely frustrating but true.

So to be safe side file RCR . It will reduce the chances of issuing maintenance order.

Kallol Majumdar
Advocate, Kolkata
1586 Answers
2 Consultations

5.0 on 5.0

Court can award wife 25 per cent of your net income as maintenance 

 

2) you should emphasise fact that wife is highly qualified and has worked in past 

 

3) you  can issue wife notice to return to her matrimonial home 

 

4) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
68050 Answers
4107 Consultations

5.0 on 5.0

You don't worry. If they file divorce you object for the Alimony and it was her intention to not to continue in this marriage. You are still ok to continue with her. you can also file RCR petition to get her back. Being working and qualified she can't ask for alimony. If she files false case you can contest it on merits

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

Divorce can be filed only once this marriage becomes one year old.

For you, I will advise you to file a petition for restitution of conjugal rights, instead of a divorce petition. This will generally save you from all odds.

As regards to any of their misadventure of filing a false dowry harassment case against you, you shouldn't be worried as there is no automatic and routine arrest in these cases anymore. 

Vibhanshu Srivastava
Advocate, New Delhi
8707 Answers
142 Consultations

5.0 on 5.0

Merely because wife is highly educated and had a working status may not be the reason to refuse her maintenance. Need to prove that she willing not working and she is the only reason for failure of marriage.

File RCR.

For certain, if cases file by them, lot of false imputation so keep trying to reconcile with her, and record the things, where she may confirm, she willingly left you.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

See now only.you can give a police complaint NC that.you wife by will is leaving separately and to force you for divorce she and her parents are intimidating for false cases.

Shubham Jhajharia
Advocate, Ahmedabad
20174 Answers
80 Consultations

5.0 on 5.0

She is not entitled any penny as she herself has deserted your home so file proceedings U/S 13 HMA on the ground immediately and cruelty has also been committed so you will get the relief very early.Please go through recent decision of the apex court given on 28.09.2019 in the matter of Vanamala V/S HM Rangnatha Bhatta.

Koshal Kumar Vatsa
Advocate, Gurgaon
1805 Answers
1 Consultation

5.0 on 5.0

Hello, 

Sir you may talk to her with regards to the divorce and then you two may agree for a mutual consent divorce

This will be the most convenient way to get separated. 

You will be filing a case of divorce on the ground of mental cruelty and if she files a counter case to claim alimony then the same will be decided by the court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

As advised above, in order to lower the complications you may go ahead and talk to her for separation and then file a petition for the mutual consent divorce

Let me know if I can be of some help in mediating the issue. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

She has defamed you and is not willing to come back and live with you as a wife therefore she is not entitled to maintenance.

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

You should file a rcr application and the court shall ask her reasons for not cooperating and living with you. In case she doesn't have any reasons then you are entitled to divorce and she cannot file for maintenance.

Regards 

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

Straight forward you can go for annulment of marriage if this is situation means non consummate.

So on non consummate ground you can go for annulment of marriage, so in future you both will be not called as divorcee.

 

For annulment of marriage is to performed within one year of marriage. And no need to pay alimony to her.

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

In your case divorce application cannot be filed before completing one year from date of marriage.

However, it can be  done if you show exceptional circumstances u/s.14 and convince court.

No physical relationship can be  ground for divorce.

You need to maintain wife, but, you need to prove to court that she is self sufficient and earns substantial income.  

It will be around 25% of net salary of the husband. 

As far as alimony is concerned it depends on the income of both the parties. 

In your case, if you can prove to court that she is highly qualified and earns on part with you, the quantum can be substantially reduced.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
885 Answers
6 Consultations

5.0 on 5.0

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 

She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
10975 Answers
4 Consultations

4.5 on 5.0

Dear 

You should go for annulment of marriage on ground of non consummation of marriage and concealment of facts and misrepresentation by girl and her family.

Maintenance depends on the discretion of court but you should provide the evidences like her education and capacity to earn to lower the maintenance amount for your wife. 

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

Dear Querist

being a Qualified women she is not dis entitled her to get any maintenance from you as she is your legally wedded wife and it is your duty to maintain her if she is not able to maintain herself as held by the Hon'ble Supreme Court in recent judgment. 1/3 of your income can be granted as maintenance to her.

but if you proved before the court that she left your company with her own and not willing to live with you without any sufficient reason than as per section 125(4) of Criminal procedure Code-1973, she will be dis entitled to get any maintenance from you.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5359 Answers
259 Consultations

4.9 on 5.0

You cannot file a divorce case within one year from the date of marriage.

However if you want to file a annulment petition for non-consummation of marriage you can do so, in that you may not have to pay her maintenance provided she is responsible for non-consummation of marriage.

 

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

As informed you earlier, no divorce can be filed within one year from the date of marriage.

If you are not interested for divorce then you may wait for the developments from their side and take action as per the circumstances prevailing then.

 

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

Dear Sir,

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

 

Netravathi Kalaskar
Advocate, Bengaluru
3516 Answers
17 Consultations

5.0 on 5.0

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