Dear Client,

if the fact that your wife is mentally unstable is concealed before marriage, the marriage can be annulled as it is considered fraud committed on you. According to the Section 13 of the Hindu Marriage Act, divorce or judicial separation can be obtained if the person has been “incurably of unsound mind,” or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. 

Maintenance is always calculated keeping the earning of the husband in view. even if she demands for a crazy amount, the court will order for reasonable amount as maintenance keeping your earnings in view. maintenance will be ordered by the court even for the upbringing of your child. a person will be sent to jail if he does not pay maintenance without having any sufficient cause. 

You can divorce your wife as per Muslim personal law 

2) issue wife arbitration /reconciliation notice 

3) if reconciliation fails you can issue wife 3 consecutive monthly divorce notice 

4) reasons should be mentioned for divorce 

5) pay wife Meher amount and maintenance during iddath period 

6) wife is at most entitled to one fourth of net income as maintenance and not 40 per cent claimed by her 

7) no need to bow down to pressure tactics 

Hello,

1. As long as she is not divorced or until the court passes a final order on her application you are bound to pay off the court has already passed an interim order. And if you have filed for divorce, an order will be passed by the court based on evidence you are able to produce and concive the court. She cannot forever drag the case.
2. Yes, the judge has to pass an order granting or not granting divorce in basis of evidence before it. The settlement is all about monetary settlement and if you both arrive at an agreeable amount then settlement can work out.
3. If she demands am unaffordable amount, the settlement would become unfeasible, however, the court has to pass an order based on evidence placed before it and the income and liabilities both the parties have, you both would be required to produce the income and liabilities affidavits to assist the court to make proper assessment.
4. You wouldn't be immediately jailed, however if she approaches the court, she can get warrant issued against you despite court's order to pay. You can seek time from court to pay, explaining your circumstances.

1. The maintenance is a different subject to that of divorce. 

If she is not employed and do not have any source of income then she would become eligible for maintenance from her spouse  not only during the continuance of the  marital relationship but even after divorce.

2. Have you filed the divorce case?

If so you may contest the same on merits because this has nothing to do with the maintenance case that is going on.

The court will not pass any order on its own until and unless contested on jmetrits by the parties concerned. 

3. It depends on how you defend your interests before court  agaisnt her case. 

- As per Supreme Court judgment, 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.

- 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.

- Further, the maintenance is granted after considering a number of factors , and the case should be finalized within a fixed time period , and it cannot continue for longer period. 

- Further, as per Supreme Court , Regular Threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.

- Further, if the wife or her guardian has obtained the consent of marriage after concealing the material facts, then the marriage can be declared as null & void by the court. 

1. If she refused to divorce i.e. not agree for mutual divorce as per Muslim law , then you can file a divorce petition on the ground of cruelty & other mentioned grounds. 

2.Yes, you can mention to the court for a settlement , and court itself will not pass any order for divorce. 

3. The court cannot accept her demand of crazy amount , as the alimony or maintenance for full and final should not be more than 1/4rh of the income of the husband. 

You can contact me, if further suggestion needed. 

1. Payment of maintenance to wife and getting decree of divorce are two different issues. She may not agree for giving you consent for availing MCD decree.

2. You shall have to file a divorce suit separately on the ground of cruelty (or other suitable ground) submitting evidence in support of your allegation. The Judge will pass judgement on hearing both the parties.

3. No Judge can force her to agree for divorce. You can file a contested divorce suit as suggested above and pray for the decree of divorce.

You are unfortunately bound to pay her until you get valid ground for divorce. 

Judge can not do it for you.

You will not go to Jail. so dont worry too much.

No Divorce case run for 20 years. 

There are ways to handle things. 

Ahe can't refuse the same and court will pass the final decree if she does that 

You can proceed with the matter on merits and get it decreed

1) you will have to pay her maintenance in case your ex wife claims maintenance 

2) if she remarries you don’t ha e to pay her maintenance 

3) your subsequent marriage is immaterial 

4) if wife is guilty of adultery then only she would not get any maintenance 

5) if wife has made false statements on oath it would go against her 

6) you have to comply with court orders till her remarriage 

Your remarriage after divorce will not provide you any privilege  for a reduced maintenance.  You may have to continue to pay her the original maintenance amount as ordered by court.

1.  No, there is no such provision in law.

2. This is a matter of trial during the proceedings of the maintenance case, you can bring out the contradictions during cross examination and present your arguments denying her maintenance claim , however this would not be a strong ground or a factor to decide about granting or  to deny her maintenance.

3. In the final judgment, the maintenance amount has to be paid till her lifetime or till she gets remarried, whichever is earlier.

4. It is mandatory for both the parties to submit affidavit declaring their assets and liabilities before court.

5. The court will pass an order based on the facts presented before court with supporting documents by both the sides.

6. No, if at all she comes out with any such claim, her claim may not be entertained by court.

7.  You can decide about this topic based on the situations prevailing at your end. 

1. Yes, the maintenance depends upon her inability of passing life i.e. if she not having sufficient income then only she is entitled to get maintenance from you. 

- Hence, if she is having source of income , then only on this ground the said amount can be reduced. 

- Further, if there is already divorce taking place or Talaq is acceptable by the court , then she cannot claim maintenance . 

2. Yes, you can move an application under section 340 CrPc before the court for taking legal action against her for misguiding the court. 

3. It will continue till re-marry by her , and also depend upon the circumstances. 

4.The filing of affidavit of income & expenditure is mandatory by both the parties.

5. She can move application for increasing the maintenance amount , after knowing the real salary. 

6. No

7. No result. 

1. Maintenance petition can be challenged if it can be proved that she has left your house for no acceptable reason behaving cruelly with you and/or is earning enough to maintain herself. 

2. It depends on the Court only. However, you should raise this point that she has not come with clean hands before the Court while seeking gain.

3. For her entire life or till she remarries or till she starts earning amount which is more than 1/3rd of your net monthly income.

4. You can acced to her claim and in such case, the matter will be settled by the Court by passing order without your submitting affidavit of assets.

5. She will get what she has prayed for. However, she might pray for enhancement of the maintenance amount latter on citing yout increased salary.

6. Yes.

7. It depends on her capacity to pull on. However, you shall have to pay the maintenance amount from the day of her filing the application. So, there will be a huge arrears on your part in this regard.

Yes, you will have to keep paying maintenance under 125 CrPC if court has not mentioned any time period until the order is cancelled under section 127 CrPC. Alimony can be reduced on the discretion of the judge if you have proper reasons and can convince the court that it is not possible for you to pay a certain amount. 

Yes it can be reduced if you prove her educational qualifications etc

If she remarried your maintenance stops and you can prove the same in court

All the above factors are just anc proper