Can we try to reject maintenance petition
I got married on Apr 2015. My wife stayed with me until Feb 2016.
within this span of period, she stayed only for 3-3.5 months. Her mom's house is just half a km away from mine.
so her visits to her mom's house were frequent. Her mom is divorcee.
Once before i could realize she cut her wrist while arguing. After that i took her to the doc and got wound stitched.
After that on many occasions she threatened me with committing suicide and she tried it again, but i was able to stop her.
Then i placed NCR(complaint) at local police station. Even after police intervention she kept on fighting with me for silly reasons.
On end of Feb 2016 she filed a case at women's station including me and my family(Mom,sister and brother in law).(498a , 3&4 DP, etc..)
but i didn't take single penny from her nor have i ever man handled her.
My sister and brother in law are living separately in the same city, she included them to harass.
We took anticipatory bail and escaped the situation. Till now she didn't file charge sheet,
now after 6 months she is saying i commited a mistake by listening to my family and would like to come back.
I have this phone recording.
i have applied for quash in the high court waiting for it to listed.
I work for a private company and earn around 50K. i have 36k commitment towards home loan etc.
my question are
1->Can she file for maintenance even though she has masters degree and is earning ? before marriage she was working in a bank and was earning 10k.
Now she working as a teacher and earning less than that.
2->Can we try to reject maintenance petition on basis of false case 498a ?
3->If court grants, approx how much she can get as a maintenance per month ? Will they consider my commitments ? Can i request the court for single settlement for maintenance ?
4->Can i get divorce based on crulety (false 498a) ? How long will the divorce case take if i get case(498a) quashed from high court ?
5->Do we need to give alimony apart from maintenance ?
6->Can i put defamation case on her and her family after the quash ?
7->Can she come back using conjugal rights after placing false 498a ?
Asked 2 years ago in Family Law from Mysore, Karnataka
1) working wife is not entitled to maintenance unless there is major disparity in their income
2) court would take into account your income after taxes while deciding maintenance
3) merely because false 498A case filed does not disentitle wife to maintenance
4) court can award her around Rs 10000 as maintenance
5) you can file for divorce on grounds of cruelty
6) contested divorce takes around 5 years
7) you can file defamation case against wife after quashing
8) wife can file RCR case but you can oppose it
9) yiu can offer to pay one time alimony instead of monthly maintenance
Answers in seriatim are asunder:-
1. Yes she can still file maintenance case under sec. 125 of CrPC
2.No, her claim still lies.
3.Court normally grants 30 to 40 percent of spouse 's income but also takes into account wife's income
4.yes, divorce can be filed on ground of proven false 498a case,as it amounts to cruelty as pronounced by Supreme Court in several judgements.
5.Not necessarily however that depends on judgement by court in divorce case.
6. Yes it can be filed under sec 499 of IPC .
7.It will be very difficult to come back and get a decree under RCR after filing 498A case against you and your family members
1. Only unemployed woman can seek maintenance . However mere qualification is no deterrent.
2. False of true 498A is no basis to reject or allow maintenance case.
3. Quantum of maintenance varies from 1/3 to 1/5th of your net pay .
4. False 498A case is considered in divorce case only if you are acquitted in the said case. The trial of 498A case has no bearing in the divorce suit.
5. not clear
1. An earning wife does not qualify to get maintenance as maintenance is the forte of the wife who is not self sufficient. You can successfully contest her maintenance case if you have evidence to prove that she is earning.
2. A false 498A, however, does not preclude her from seeking maintenance.
3. Courts in India usually grant 1/3rd of net salary as maintenance on a monthly basis.
4. False 498A by wife is a ground on which the husband may file for dissolution of marriage.
5. The disposal time of the case depends on factors like pendency of cases in the court, efficiency of judge, etc.
6. If you succeed in getting the FIR quashed then you can certainly prosecute her for defamation.
7. During the subsistence of marriage a wife has the right to reside in her matrimonial home, but you can file a suit for injunction if her residence in your house is not conducive to your physical or mental well being.