• Wife trying to file a divorce for maintenance after baby born

Hi Sir/Madam,

It's been a year since we are married and we have a baby girl just born. As it looks like laws are women friendly(in terms of property share and maintenance), my wife wants to take advantage of it and trying to file a divorce. Currently my wife is with her parents and had done post graduation, she is not currently working but if she works can earn 45K/month.

I discussed with my wife with love to get her away from this divorce maintenance thoughts, but it didn't work. If she files divorce or maintenance, I am not ready to pay even single paisa of maintenance, why should I if I am correct, sincere and committed towards relationship?

Is there any indian law that supports me? If not what is the solution to this problem?

Thank you very much.
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
what is the issue between you and your wife,why she does not want to live with you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
why yourr does ot want to stay with you. you can file RCR under section 9 of hindu marriage act
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
if your wife wants divorce better do it by mutual consent . if it is not possible to arrive at an amicable settlement let her file for divorce . you can file RCR under section 9 of HMA . 

you have not mentioned whether your wife has ever worked in past . merely stated that she is not working now .  . you have merely stated that she can earn Rs 45,000 per month . in addition you have not mentioned your income . various factors are taken into account by court while awarding maintenance . in absence of these details  we cannot guide you
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. If you do not want to pay maintenance then explore the possibility of divorce by mutual consent. If there is no consensus then she may unilaterally file for divorce, whereupon you will get an opportunity to defeat her claim to maintenance and divorce. 

2. In addition to above, she may also apply for custody of her child. 

3. Among other factors, her qualifications and any previous employment will be taken into account by court before deciding her claim to financial support.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
you can not avoid alimony,which is decided on the basis of the status of husband
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1)she wont get maintenance as she is a doctor and was working in past . 

2) you will have to pay maintenance for the child 

3)in case your wife files Dv case she will claim right to stay in matrimonial home . better sell your house standing in your name
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1)what is your income ? without knowing your income we cant say how much maintenance you will have to pay 

2)the matrimonial home in your case would be wherein she last resided  with you  . your wife can claim right to stay in matrimonial home or demand alternative accommodation . 

3) i have advised you to sell property standing in your name . dont sell it to your brother .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1)50% of your salary as maintenance
2)she can claim from your property also.
3)if you sell it to your sister or any relative then a new issue will come that you have sell it your relative for less price which could have been sold at higher price in market.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) no you wont have to pay 50%of your salary as maintenance . your wife is a doctor by profession . hence no entitled to maintenance 

2) at most you will have to pay Rs 25,000 for maintenance of your child . 

3) if you dont want to sell your property dont sell it at a loss . keep it . if you sell to your brother / sister and they dont return the property to you after case is over you may be at great loss .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
yes if she is working then she will not be entitled for maintainence
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in life there are no assurances . in many cases you find   brothers and sisters fighting like cats and dogs for property . it is your call . if at all you sell to your brother or sister see to it that money is received by cheque only in your account
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
that is your decision ,even you sale your property to sister ,then also keep in mind that you will have to shell out some amount for your wife for alimony from the amount which you receive
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. If she is a doctor and was working previously then she is not eligible to get maintenance. She has good educational qualifications and can support herself financially by resuming her medical practice. 

2. She has no share in your property. The new proposed law has not been passed yet. So let us not talk about it.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. She has the right to stay in your house.

2. As the legal owner of your house you can sell it to any one you desire including a total stranger. By no means your wife can question your right to sell a property the ownership of which is with you alone.

3. Amount of financial support which can be ordered for the child can be anybody's guess. The least I can say is that amount will be real and not exorbitant.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. She cannot claim your house in the other state. Even right to entry therein cannot be sought by her. 

2. As I have said, you are at liberty to sell the house to any one including your brother or sister. It cannot be questioned by her.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. 50% of salary cannot be claimed by her. Since she is a doctor she will not get any maintenance. 

2. You can sell the property to any one at any price you desire.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Some loopholes are always present in every law. It is for your lawyer to maneuver them in your favour.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) if you have the house  in your name  then she would have right to stay in said house . once the property is sold you wont have any damoscles sword hanging over your head .

2)she wont be able to claim the amount you receive from sale of property as you were the sole and absolute owner of the said property
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
You are at complete liberty to sell the property in your name to any one you so desire,. Your wife has no right to claim a penny from the sale proceeds. The right of an owner to sell his property cannot be made subservient to the desires of any one else.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
So do not be confused.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
thanks for your appreciation . we have already advised you wife has right to stay in property . you can sell the property as advised to you
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Thank you for appreciation. You can go ahead and sell the property as you are the owner.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
no you are bound to pay maintenance for your child . it is the responsibility of both parents to maintain child if both are  working
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
your income is Rs 95,000 per month . even if you lose your job you will have to pay maintenance for your child . you can with your qualifications get another job . you can make application for modification of amount to be paid as maintenance in case you loose your job
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
thanks for your appreciation . i have already told you in such a case make application to court for modification of order of maintenance . court after hearing both parties will pass a reasoned order
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0

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