• Wife sent notice with threat to file 498A and DV

I am a 30 year old male, got married in 2018. My wife's parents demanded money from us and after we refused, she used to provoke and quarrel over petty issues throughout the past year. This year she left my house on the pretext of visiting her parents for a few days but did not come back. It has been 3 months. 
She sent me legal notice threatening to file 498A, 306 and DV against me if I do not pay her 1 Lac/month.
I do not have an income as my business is running in a loss. It was supposed to be profitable this year but due to pandemic and lockdown, the situation has become worse. 
She has engineering degree and was working before and after the marriage also. She had a salary of 15k per month. Now she may have quit the job in order to extract maintenance from me. 
Please answer all these questions:
How should I proceed? 
Will I have to pay maintenance even if I don't have any income source?
Does wife have to prove my income in court or do I have to prove it?
What If I an unable to pay? 
Can she claim from the income of my parents?
Lastly, What should be the approx cost of fighting this battle? I am asking this because I might have to borrow money to pay for legal fees.
Asked 5 years ago in Family Law
Religion: Hindu

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26 Answers

A notice must have reached to you to appear in mediation proceedings. Due to the current lockdown this date may get extended. If the mediation fails the case wil proceed.

Until then you are safe.

Try to find out if she is still earning as she is not entitled to maintenance if she is earning.


Parents are not obligated to pay. She has no right to demand maintenance from parents.

If you are not earning she cannot demand anything. File a domestic violence case against her through your mother or sister.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Just by sending legal notice in this regard to ask rupees 1 lakh per month it is not justified and in case anybody is threatening to file cases it is at her liberty to go to the court and get the relief you need not to pay a single penny to your voice until and unless she goes to report and there you will have the chance to represent your face depending upon your strength you need not to be afraid of any legal notice as such considering the greedy behaviour of your wife it seems that this legal notice is written by a new advocate.

Just stay cool and forget everything for the time  being.

Answer the legal notice and deny all the charges and tell her to come back to the matrimonial home without any question answer will be accepted in the family.

In the meantime if you wish you can file Restoration of conjugal rights under section 9 of Hindu marriage act to force her to come to the matrimonial house which will also provide you the bases for filing divorce petition in case necessary

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

  1. Reply to the notice by engaging a lawyer with your version of the series of events, including her illegal demands and ask her to come back and rejoin the matrimony.
  2. You will have to pay maintenance, despite the fact that your current financial situation worse than it was before lock down. Your status of living will be taken into account. However, this can happen only after she files for maitenance in a court and gets an order. This will tale long.
  3. You are liable to provide details of your income with documents and affidavit. She is liable to do the same as well.
  4. If you are unable to pay after the court passes an order, she can get it executed with attachment of your assets.
  5. She can't claim the income of your parents.
  6. The fee varies from lawyer to lawyer and also depends on the case/s she files. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Engage a lawyer and reply to legal notice 

 

2) deny allegations made in legal notice 

 

3) if wife is working and you don’t have any income court will not direct you to pay maintenance 

 

4) you should produce your income tax returns to disclose your income 

 

5) she cannot claim from your parents income 

 

6) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

1. You should reply the said legal notice after mentioning your financial conditions , and thereby call her for joining matrimonial life with you as a wife. 

2. As per law , if she is not having any source of income , then she can claim maintenance from you . 

- However, a well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

3. You will have to produce the proof of your income before the court with expenditure and burden on your shoulder.

4. She cannot claim from your parents .

5. Fee depends upon the advocate you engaged , and is not fixed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Very sad and unfortunate incidence. 

Please get divorce from her.

If you do not have income, you are not liable to pay.

She can't force you to share property of your parents. She is entitled to have rights in your share in the property of your ancestors. 

Expenses 1.5 to 2 Lakhs Approximately. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. Unemployment is no excuse to avoid maintenance.  Therefore unless and until you prove her income you are liable for maintenance. Do take note that mere qualifications of wife is not sufficient to refuse maintenance. 

2. Since your income in actual is within your knowledge you will have to prove unless she alleges your income to be much less than what you earn in reality. 

3. Wife has no right of maintenance from in laws as long as her husband is alive. 

4. Cost of advocates varies .

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You need to take AB against 498a FIR.

 

If she is working women then you need not pay maintenance to her.

 

Both have to prove Income in the court.

 

If you are unable to pay, initially can get hearing dates, otherwise you may get custody of police-warrant.

 

She can't claim your parents income.

 

Its depends upon the demand and issue of your case.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

You are suggested to strongly reply the legal notice and refuse all her allegations. Do submit that you are ready to stay with her and there should be no demand from her. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. If she wants to be separated by mutual divorce , then she may ask for one time alimony , and if you are unable to fulfil her greed , then let her file a divorce petition . 

2.  Generally one third of husbands income is ordered by the court .

- If she claims before the court that you earning handsome amount , then she will have to produce proof of the same. 

3. Yes , she is not entitled as i mentioned above reply

4. You have to engage a lawyer on your behalf 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Court would not direct you to pay hefty maintenance 

 

2) produce your bank statements to prove that you are not earning heft amount 

 

3) you can rely upon your salary slips to prove your income 

 

4) you can appear in person 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

It is good that you have already replied legal notice in case maintenance is filed by the wife and is allowed by the court you will have the option to revision petition in high court under section 127 CrPC to the rewise the amount.

Regarding the fees, different advocates charge different amount for filing a case so you have to find out and locate who is ready to file case for lesser amount.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You will be represented by an advocate if you want that your case duly represented. Court will not grant such high maintenance but you have to prove in court your lower income. Wife is entitle to 25% of husband net salary.

Non earning status of husband, no reason to deny maintenance to wife.  

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Question No 1 to 4 may be answered at the stage arises. 

You can represent your case but may not understand legal lexicon and proper drafting of petition, application etc.

Every time you may get to adjourned the matter due to lack of knowledge of full process of law and status of the case. 

Therefore you may need to appoint an Advocate from Nagpur. I know some of them who may attend your case with reasonable fees.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. You can submit the court the same about your income and oppose maintenance

2. You need to challenge it

3. You can bring that to the notice of court

4. It's better you appoint a lawyer or if you can't afford you don't have any option to go in person. I can try to help you. 

5.For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

You must reply legal notice through advocate

You will need to file your reply in the maintenance proceedings and file an affidavit of your income. 

she cannot claim maintenance from in-laws. 

Fees depends on the lawyer's expertise and experience.
Fees are not uniform or standardised in legal profession.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can file an affidavit of your income. 

Maintenance is granted only if the spouse is not working or not in a position to maintain herself. 

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If she has sent a notice demanding rs. 1 lakh towards maintenance and that she will file false cae of dowry harassment and DV if you don't pay her, is a very good piece of evidence , you may secure the same and after that you issue a reply notice through your lawyer denying their allegations as well as her claim for maintenance.

If she wants maintenance, let she approach court with a petition  and by filing substantial evidence to prove your income, let she stake her claim, you can defend and challenge the same on merits in your side.

If a lawyer is demanding exorbitant charges for filing any case on your behalf, you may look for a differnt lawyer with a reasonable fees.

Further, do not do the mistake of filing RCR.

It is a waste exercise, loss of time, energy and money because even if you get a decree in yor favor, you cannot implement it.

Hence please have a second opinion from a different lawyer before you plan to file any case against her.

If you are not able to afford to pay the lawyer's fee, you can take the assistance of the district legal services authority for appointing a lawyer at free of cost.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

1. If she is filing a petition seeking maintenance, it is her burden to prove your income with substantial evidence to establish the income, you do not have to say anything about it except to say tht you re running a business, whose turnover is less than ..... hence you do not have any accounts maintained for the small turned over business.

2. You can prefer an appeal against the same before high court.

3.  That cannot be claimed as an excuse.

4. You ignore that lawyer and look for a lawyer who would charge you reasonable fee.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

1. Some amount have to be paid as maintenance. But as you described everything it would  be not a huge amount. It will be a minimal amount. 

2. Not possible, hire a experienced lawyer. 

3. This a + point.

4. You can represent yourself but it will be difficult as you don't know the deep technicality of law.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes, you can represent yourself with due permission from the court.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Querist

you may fight the case on merit and the court will not pass any order for maintenance without considering your present financial situation, so no need to worry if you proved that your income from all sources are ......then the court passed an order of 1/3 of your income for interim or final maintenance to your wife if she is unable to maintain herself.

 

you may fight your own case personally and need no advocate but if you are unable to know the legal things then you may approach for help.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

The court  cannot orde an amount you cannot pay. Yes you may represent yourself. She cannot demand anything as she knows how much you can give.

Contact a lawyer who charges a reasonable fee.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

You are suggested not to get afraid because the court passes any order only after considering all the facts of your income, her income and capacity of earning etc, her educational qualification. Also, you may appear in person in the court to represent your case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You should send reply to legal notice denying her allegations and refuse to pay maintenance on ground that she left your house on her own wish so she is not entitled to get any maintenance.

2. Also ask her to join you back through reply of legal notice.

3. Yes you have to pay maintenance even if you are suffering losses in your business.

4. Both need to give affidavit of their incomes in court. 

5. If you doesn't pay maintenance which is ordered by court then court can attach your property for giving maintenance to your wife. 

6. No she cannot claim maintenance from income of your parents.

7. Depends on the advocate you hire. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have replied to the notice and denied all the allegations.
  2. I would like to apprise you that the fact that she has been asking for money and if not paid then she would file cases against you, is the only and the best reason for you to prove all her allegations wrong.
  3. As no body would ever say that you give me that otherwise I will file cases against you, and specially in criminal cases.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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