• Wife continuously threatening me that she will destroy my family

Dear sir,
My name is Atanu Banerjee. I was related with my wife as lover from 10years ago. on 11-08-13 we get married in special married act. but we live separately from the beginning. after married I relies that the girl was marry me just for my father's property and day by day her cruelty was gone to that point when I can not tolerate her any more.on 8-1-14 I told her that  I cannot be related with you any more and I want separation.
After hear that she continuously threatening me that she will destroy my family and etc etc...
Now she agree to sit in a family meeting and she also  threat me if my family cannot full-fill her demands she will put us in jail.

Points :-
1) I have no property in my name. I just have 20000 in my bank account.
2) My monthly income is just Rs. 1200.
3) I live with my parents.
4) My father is a gov. employee.
5) Our living home's owner is my mother.
6)My wife and me was sexually related in past but we don't have any baby.

7)My wife is an employee of a gold jewelry and drawn salary Rs7200/month.
8)She live with her stepmother, stepbrother and grandmother.(father expire in the year 2000).
9)She live in a rented house.

My questions is:-
1) how much money she can ligaly demand.
2)How much time the court  will take to come to a decision, if she move ligaly.
3) If she goes with 498A is my father's service life can be effected?
Asked 4 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
Hi, as far as money is concerned the amount both mutually agreed and as time of the court no body will assure and filling 498/A your father service will not be effected.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

1) since she is earning more than you she wont get maintenance . 

2) if you file for divorce it may take years for petition to be disposed of . 

3) better to file for divorce by mutual consent . 

4) if your wife files for 498A against you and your parents obtain AB from court . most of 498A cases are false . if your father is convicted he would lose his job
Ajay Sethi
Advocate, Mumbai
44209 Answers
2563 Consultations

5.0 on 5.0

file for divorce by mutual consent  as it will save your time and money
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

It is not a cakewalk to put an innocent in jail. The courts are still there to protect liberty of an individual. She can file a false case of dowry harassment and physical abuse against you. If and when she does that you can obtain bail from court and then contest her case fittingly through your lawyer. 

1. She may demand moon from you. It is for the court to decide what amount of money is to be given to her. Since your wife is earning Rs.7200 and your own income is a meagre 1200 she is not entitled to get any alimony from you. 

2. Nobody can tell beforehand how long it will take for the court to decide the case. The courts in India are reeling under a huge backlog of cases due to an abysmally low judge-population ratio, due to which disposal of cases takes longer than it takes in other parts of world. 

3. Since your father is a government employee he may be suspended or dismissed if he is arrested in pursuance of charges being brought against him. 

4. It will be in your interest to divorce mutually.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) if your wife leaves job she wont be entitled to maintenance . it is well settled law that if wife is earning or has been working in past she cannot claim maintenance particularly so when your income is only Rs 1200 per month 

2) you have to gather evidence   that your wife was earning Rs 7200 per month .
Ajay Sethi
Advocate, Mumbai
44209 Answers
2563 Consultations

5.0 on 5.0

Well if she leaves her job just to claim alimony on the higher side then you can bring this fact to the notice of court whereupon court may take judicial notice of it. Your income is too meagre to give any financial support to her. The court may not fasten any obligation on your shoulders. On your part you should prove that her income was 7200 INR per month.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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