• Maintenance and next move

Hi,

I got married in the year 2012(Feb) and out of our wedlock a child was born in 2013. After marriage I came to Bangalore where I work. I and my widow mother have been subjected to extreme mental cruelty since the day I got married from both my inlaws and wife. My wife had said that I did not know how to satisy a woman. Then she had abused my mother who had come to stay last year as she stays all alone by herself in our native place. I stay in a rented accomodation. My wife went on her own with her father last year in October( where I booked the tickets for both of them). Now they have alleged that I was not willing to take my wife and my kid back. I have evidence where I have asked several times to my wife to come back to stay with me but she alleges that it was I who had "kicked " her out. Recently she has sent me a notice through a lawyer that we have maintained good conjugal relations although the fact being that she had delivered nothing but trauma to me. I had recorded her call where she once shouted over the phone that I was a cheater, my mother did not know decent behaviour and that I was an extreme low character person. Her mother called me a spineless uncouth person and called my mother a low characterd lady. I did not say anything because I was recording it for evidence. Despite this my wife states that she wants to stay with me but the only condition is to take her back after apologizing to my inlaws. This despite the fact that she abused my mother when she was in Bangalore, asked her why the property was not transferd to my name and many instances of domestic violence committed from her side. I have recently filed a divorce petition under mental cruelty. I would like to ask learned advisors that 
1) My company relocated to Noida and since then I have been searching for a job.I have documents issued by the company for relocation. Will I still be asked to pay maintenance by the court?
2) My wife has said in her notice to me through her lawyer that she was spending a good conjugal life with me but it was quite the opposite. Can she change her claim later in the court that I have tortured her? ( just to prove herself innocent and victim)
3) I have evidence where she has abused me on phone. She also had a chat with her ex and had said that she loved him when I caught her red handed while chatting. When I had asked for a divorce at that time, my father in law had threatened that he will commit suicide If i left her. Can this issue be raised now as post that event we continued to live together and had a child.
4) My inlaws have been interfering and threatening in nature( also recorded on conversations).Can this be used to get a speedy justice i.e, divorce?
5) One more point, I have evidence whre I have repeatedly asked my wife to come back to Bangalore but she has been denying it thoroughly. She also did not allow me to listen to my daughters few words which she may have learnt. Can I get my daughter from her clutches? Can she still claim a maintenance even though she did not come after me having made innumerous requests?
6) Can I challenge the interim maintenance in case if she asks for one. She used to work in Jet airways before marriage and she is staying with her dad and mom in Kolkata. Also to note that I have not taken any dowry and am paying 2500 every month to her. My daughters age is 1.9 years
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you continue to be liable to pay maintenance to your wife 

2) if there are contradictions in legal notice and in the petition filed by your wife you can draw attention of the court to the same . 

3) since your wife was constantly abusive and you have evidence you can make out a case for mental cruelty . mere chatting with boy friend is no evidence of adultery 

4) you cannot record your inlaws conversation . it would be breach of privacy and audio conversation cannot be relied upon in court 

5) you can seek joint custody of your daughter . your wife will be entitled to maintenance 

6) rely upon evidence that wife has been working in the past . if she left employment deliberately she wont be awarded maintenance 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
As u have said that u have already filed a divorce petition under mental cruelty u can take all the evidences against her which u have mentioned here....and can make a strong case for divorce in ur favour using all those evidences.....whereas the maintenance is concerned if she is able to maintain herself and her child better than u and if u r not presently working anywhere u can take that as ur defence and court will consider ur position if it is genuine.....u can also mention that u are paying 2500 per month to her as maintenance which is maximum u can do presently according to ur financial condition.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0
1.If you are unemployed, you may be asked to pay maintenance from any other source of income if proved. Is your wife working? If she is then you would be asked to pay maintenace only for the kid.

2. if you have evidence then produce it in the court to prove the allegations made by her as false. she cannot change her stand from the facts or statements mentioned in the notice if she files a case against you.

3. this event can be used only to state the sour relations and that she continued to be involved with her ex. adultery could be pleaded if her involvement with the ex can still be proved.

4. Divorce can be obtained mutually if the speed is of matter. Otherwise it would take around 2 years for the trial to conclude. you will plead your evidence, defence will submit its evidence etc. if the case is taken up regularly then it may conclude even within the year.that depends on court and the circumstances.

5. you can file a case seeking custody of the child on the basis of the welfare of the child being with you.

6. if you are paying to her then you can show that you have been giving her maintenance if she claims interim amount in the court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1)it makes no sense in filing for RCR 

2) no need for you to go to your in laws place and apologise . rather it is your wife and in laws who should apologise for their derogatory comments about your mother and you 

3) court will not award your wife maintenance if you  a re able to show that she is qualified and has been working in the past 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. If your wife is earning on her own and has left you without being subjected to any domestic abuse then she does not qualify to get maintenance.

2. People change their claims more than once. So if she changes it it should not come as a surprise to you.

3. The phone call recordings and chat messages, if any in your possession, can be used in the court to prove your innocence,

4. You are at liberty to file a case for child custody to get your daughter. Since your wife left you without any rhyme or reason you do stand a fair chance to get the custody.

5. If the court orders you to pay interim maintenance you may challenge it in a higher court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. The phone calling recording should be presented to the court. Your wife may not be able to raise any plausible defence to rebut it.

2. When seen in the totality of the circumstances her claim for maintenance has no feet to stand on.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
) My company relocated to Noida and since then I have been searching for a job.I have documents issued by the company for relocation. Will I still be asked to pay maintenance by the court?

She has to prove your employment and the earnings thereon to justify her maintenance  claim.


2) My wife has said in her notice to me through her lawyer that she was spending a good conjugal life with me but it was quite the opposite. Can she change her claim later in the court that I have tortured her? ( just to prove herself innocent and victim)

Your contents are not very clear, dont give half information favoring your stand alone.  You have to furnish other contents as well that why she issue the legal notice and what was the relief sought for by her in the notice n order to get a proper opinion from this lawyer. 


3) I have evidence where she has abused me on phone. She also had a chat with her ex and had said that she loved him when I caught her red handed while chatting. When I had asked for a divorce at that time, my father in law had threatened that he will commit suicide If i left her. Can this issue be raised now as post that event we continued to live together and had a child.

If you have substantial evidence to prove her adulterous life or extra marital life, you can file a divorce on the grounds of adultery, cruelty and infidelity,  you need not bother about her father's suicidal threats, that has got nothing to do with it, if he wants to commit suicide ask him to go ahead. 


4) My inlaws have been interfering and threatening in nature( also recorded on conversations).Can this be used to get a speedy justice i.e, divorce?

You can add these information to the pleadings to your divorce petition.


5) One more point, I have evidence whre I have repeatedly asked my wife to come back to Bangalore but she has been denying it thoroughly. She also did not allow me to listen to my daughters few words which she may have learnt. Can I get my daughter from her clutches? Can she still claim a maintenance even though she did not come after me having made innumerous requests?

Seeking maintenance is different from her refusing to resume the marital life with you.  She can put so many allegations for refusing to  resume her married life with you and that can be given as reason for  seeking maintenance.
You may file a child custody case along with the divorce case if you want to take back your daughter with you. 


6) Can I challenge the interim maintenance in case if she asks for one. She used to work in Jet airways before marriage and she is staying with her dad and mom in Kolkata. Also to note that I have not taken any dowry and am paying 2500 every month to her. My daughters age is 1.9 years

Yes you can do it, go ahead on he same lines.

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1. As per the Apex Court judgement, beg or borrow, you shall have to maintain your family,

2.She can change her stance and you can not stop her. It will be a good evidence in your hand that she admitted that she had good relationship with you,

3.Since you had lived together post that event, it will be presumed that you have perdoned her said act and continued to live normallife,

4.Lodge a police complaint about the said threats given by your in laws. It will insulate you from any FIR lodged against you in future, if any,

5.As per the law, you shall have to pay maintenance to her and your child. You can file a child custody case after your child attains 5 years of age,

6.You should contest the maintenance application but it will be allowed to her since our law is women cetric.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1.You have already filed a divorce suit.So, why should yoy file a RCR case now?

2.It is contradictory. When you have already filed a divorce petition, why should to take the pain to bring her back and reconcile after apologising to your inlaws? Have yoy decided to withdraw your divorce petition?

3. Contest the maintenance petition and persue your divorce petition fittingly,

4. You can also negotiate with your wife and go fior MCD after paying her agreeable compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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