• Wife filed for maintenance

we got married in 1995 and have two boys. she filed 498a and  for return of streedan in 2012 and now she filed for maintenance  that even though I am sending the family expenses and have health insurance for whole family. I am working abroad and she wants to get that money. since 2012 she was living at her home and after a court order she again came to my home and now she residing there with kids and my old mother. before she was living an adulterous life where all the problems begin at home and because i found it out she and her in laws trapped me and my mother in 498. I did not file an objection yet,thinking of my children s future. would you advice me that how can i better defend this maintenance case. will it be good if I will go back to india this time and prove with evidence. my children are also frustrated by this situation.
Asked 2 years ago in Family Law from Erattupetta, Kerala
Religion: Christian
1) contact a detective agency . gather all evidence of her adultery . 

2) file criminal complaint of adultery against her lover . unfortunately your wife cannot be booked for adultery as law regards lady as victim 

3) file for divorce on grounds of mental cruelty and adultery 

4) stop paying monthly expenses  to your wife  since your wife is now claiming maintenance . based on court orders pay maintenance .

5) you have not mentioned whether your wife is working or not . if she is working she wont get maintenance but you will have to pay maintenance for your children . 

6) come back to India obtain AB in 498A case and fight case on merits
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Hi, you can contest the case in maintenance and you have to pay the maintenance as per order by the court and it is better you have to contest the case in 498/A also engaging advocate and take bail in the 498/A case. If she living in adultery you can file a divorce based on that ground and you have to prove before the court that your wife is living in adultery.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. As rightly pointed out by my esteemed colleague Sh.Ajay Sethi, you should avail the services of a detective agency to collect the required proof of her adulterous conduct. Once you lay your hands on the evidence of adultery you can then prosecute her paramour for adultery.

2. You may also file for divorce on the grounds of spousal cruelty and adultery.

3. Since she has now applied for maintenance in the court and your liability to pay it will be determined by court you may discontinue sending her monthly expenses. She cannot get maintenance if she is employed. 

4. Have you been granted bail in 498a case? If no, seek bail immediately by returning to India and then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. You have not mentioned whether you have taken Anticipatory Bail for her FIR lodged u/s498A of IPC or not,

2. This is the most important matter here. If you have not, then conntact a lawyer from abroad to apply for AB in lower Court and if rejected, file before the High Court,

3. If you do not take the AB, you may be arrested while coming to India,

4. You stated that 'against Court order, she came back to your house'. Court passed such order against which case? Who filed that case? You have provided inadequate information,

5. I find that you are very much concerned about your kids & such matrimonial disputs leave disastrous effect on kids,

6. So, in the interest of your kids, I will suggest you to settle the matter with your wife amicably since divorce is the 2nd most stressful event in one's life,

7. However, if you do not want to reconcile, collect evidence of her adulterous acts and file a Divorce Suit on the ground of cruelty and adultery,

8. Engage a local lawyer having expertise in the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
To gather evidence of adultery of your wife, engage a detective agency. When you are armed with evidence file a complaint of adultery against her paramour. File for divorce on the grounds of wife's adulterous behaviour and mental cruelty. Stop paying maintenance till the court orders you to pay. If your wife is unemployed then only she gets maintenance, but you pay maintenace to your children.  When you return to India engage an Advocate and take anticipatory bail in 498A and fight the case.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
Dear Client, In that case you should stop to pay maintenence when court will pass an order for maintenence then start to pay and also file a petition in fron of court for divorce on the grounds of adultery and also try to take AB against 498A and also try to quash it in front of court.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
Dear Querist
fight the case on merit and proved before the court regarding her adultery if you proved then she can not claim any maintenance from you.
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
you shall book her friend for adultry. onthe same ground you may refuge maintenence
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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