Me and my wife are staying separately for the oast six months and I am looking to reconcile back but she is asking the following in writing 1. MONEY to be given every month 2. I will not hit her 3. I will not be able emotionally abusive to her These have never happened before inspite of this she is asking
You should reply that you have never abused her physically or mentally .that she is aware of fact that since marriage you have never assaulted her or abused her .that you have no intentions to do so .
how much money is your wife asking per month ? Kindly clarify
Don’t give anything in writing same can be used against you in future
She is asking for 35 k a month
What is your income ? Kindly clarify
is it for house hold expenses she is claiming or her personal expenses
You file for contested divorce or settle with her and file mutual consent divorce
Don't give anything in writing because it may gio against you.
She has been tutored by her advocate to get this in writing so that she can lat3er on file the case without any incident also.
You can inform her that she can come to the house provided she do not create any problem again after coming back.
You can also inform her that since she will be coming back to home there is no necessity to pay her any amount towards maintenance as everything will be taken by you and in case she wants anything, you will get her or will give money so that she can purchase them.
Do not allow your weakness to prevail because you will not be able to recover from the fall once again
If you are taking care of her maintenance and other expenses there is no necessity to pay he this amount additionally.
What is your income and is there any case for maintenance pending before any court?
My monthly income is 80 k and there is no case of maintenance nor any proceedings have happened in this regard
Then in that case there is no obligation for you to budge to her pressures.
Since you will be managing the household expenses, you can politely refuse her demands of additional Rs. 35 thousand every month stating taht you will take care of her needs as and when one arises, if she is still adamant about it then you can refuse to accept her demand and ask her to decide whatever she may feel so.
Since no legal case or maintenance order exists, you are not legally bound to agree to her demands unless you voluntarily choose to.
If you wish to reconcile and agree to her conditions, you can record it in a simple written agreement mentioning mutual consent, monthly support (₹35k), and commitment to respectful behavior.
However, sign such an agreement carefully — ideally after consulting a family lawyer — to ensure it does not create future legal liabilities (like being used as proof of domestic violence or maintenance admission).
Would you like me to also draft a sample safe wording if you choose to agree?
No need to pay her 35 k
dint give anything in writing
You should not pay anything and imitate mutual divorce proceedings
I would not advise you to give her the said statements in writing as it can be Used against you and in future.
You should aptly reply stating that there has never been any incident Physical or mental violence on your part.
No need to succumb to her pressure tactics as she cannot claim maintenance when she is living with you. Even if she Goes to court, It would be highly unlikely that she will get 35K as maintenance when your monthly income is 80k When she is living with you
- As per law, she is entitled to get 1/3rd of your salary as maintenance
- Further, if you will give in writing the three which you have mentioned then she can take advantage if she filed any case against you in future.
- The second one will show that you used to do violence
- The third will also go against you , if she filed any case
Dear client,
The following points are duly to be noted
1. Demand for Maintenance by Your Wife
As no maintenance proceeding or court order is already existing, your wife's demand for ₹35,000 a month is not enforceable as of right. According to Section 24 of the Hindu Marriage Act, a spouse is entitled to claim maintenance in proceedings for divorce or judicial separation, but in the absence of any such proceedings, there is no duty to pay monthly maintenance simply because she makes a demand. However, if you want to make amends, and if you wish to do that by providing reasonable financial assistance as a gesture of good faith you choose to do that , but is not legally enforceable unless so ordered by the court.
2. Written Undertaking as to Behaviour
Your wife requesting written guarantees that you will not physically assault or emotionally abuse her, even where there have been no previous incidents, is really a precautionary or confidence-building measure on her part. There is no statutory requirement to give such written statements unless there are complaints or allegations of cruelty or domestic violence. If you truly wish to reconcile, giving a written undertaking of good behaviour can assist in the establishment of trust, but it is not statutory.
3. Legal Framework for Reconciliation
According to Section 9 of the Hindu Marriage Act, 1955, where one of the spouses relinquishes the other's society without sufficient reason, the aggrieved spouse may make a petition for restitution of conjugal rights, which is a judicial measure for re-establishment of cohabitation. Reconciliation and mediation are encouraged by courts before a divorce is granted, according to Section 23 of the Act and Family Courts Act provisions. If you do wish to reconcile, you can look at mediation or counselling to deal with the issues beneath.
4. Your Rights and What to Do Next
You are not under any obligation at law to pay maintenance or give written undertakings except in the case of a court order or legal action. You can signal your desire to reconcile but state that any financial help or undertakings must be agreed between you and not sought unilaterally. If your wife demands terms that you think are unreasonable, you can seek legal counsel or mediation to iron out differences amicably. In case of failure to reconcile, either of the parties may seek divorce under grounds mentioned in the Hindu Marriage Act.
