• In laws threatening to file false 498a & DV case

I got married last year. Arranged marriage. Since start of my marriage my wife didn't show interest in this relationship and would create issues over small things. I tried a lot to make her happy and satisfy her needs but after 6 months of marriage her parents came and took her saying that she will not live with me. I tried to stop her but she refused to stay. Then they accommodated her in a PG in the same city as she is a working in a reputed bank. 

1. Now they are demanding 50% of monthly salary as maintenance plus a huge lump sum amount to cover their marriage expenses failing which they are threatening us to file a false dowry case and domestic violence case. Please guide us as to what should we do.

2. My wife is earning Rs 35K per month as in hand salary. She has done MBA. I am earning around Rs 70K per month. Do I have to pay her maintenance as she is already earning and can support herself. If yes, how much would I have to pay her. If No, how should we handle this.
Asked 11 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1) since your wife is working she is not entitled to maintenance . Number of judgements that working wife is not entitled to maintenance 

2) wife is not entitled to marriage expenses 

3) if they file false 498A case obtain Anticpatory bail from sessions court 

4) contest case on merits 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
 A wife who is earning on her own does not qualify to get financial support from her husband. Furthemore, if you can prove that she has not been subjected to domestic violence by you then you can repel her claim to maintenance. Let her go to court and you can contest her case..
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Since you have not deserted your spouse, and that she has and since the marriage itself is not consumated, file a RCR notice giving a timeline to come and stay with you, failing which you go ahead and file the petition asking your wife to come and resume her matrimonial duties immediately, this way she is bound to obey the orders of the court.
In counter blast if she or her family files criminal cases you can easily obtain bail for your parents as well as yourself.
so don't wait go ahead and issue the RCR notice now.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Hi, As per law if the wife is capable of maintaining herself then she will not entitled for maintenance as your wife is earning well so she can't claim maintenance from you.

2. They may lodge police complaint against you under section 498/A IPC but as per latest Supreme Court ruling the police has to verify the  genuineness of the complaint then they have to issue notice to you for conciliation and after conciliation only they have to register the complaint so in the mean time you have sufficient time to apply for anticipatory bail in the court, so you can contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Now they are demanding 50% of monthly salary as maintenance plus a huge lump sum amount to cover their marriage expenses failing which they are threatening us to file a false dowry case and domestic violence case. Please guide us as to what should we do.
Their demand i s unjustified.  She may not be eligible for monthly maintenance since she is working woman and draws a handsome salary.   Her parents demand is also not justified. If they insist on the same ask them to proceed, you may obtain AB and face their false cases.




2. My wife is earning Rs 35K per month as in hand salary. She has done MBA. I am earning around Rs 70K per month. Do I have to pay her maintenance as she is already earning and can support herself. If yes, how much would I have to pay her. If No, how should we handle this.
She is already drawing a handsome salary hence she may not be eligible for maintenance at all. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
issue of maintenance arises when wife has reasonable ground to live separate and husband refuses to maintain her. 
there is no such fact in existence. 

File RCR in family court and let her to show defences. 

Working wife has right to maintenance but just for the recognition of right and court orders nominal maintenance. 
Same rule shall be applicable in your case. 

At this stage only speculation may be created for maintenance. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1) pay 20 per cent at time of filing divorce petition 

2) bakance 80 per cent at time of second motion 

3) under no circumstances pay entire amount now . Your wife msy not attend court at time of second motion and your divorce petition may be dismissed 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
It is not a practice to pay before the execution of the agreement as you will be left with no option but to file a recovery suit if they do not honour the agreement after being paid. People pay 50% at or before first hearing and the remaining at the second hearing.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
1. what is the correct procedure of paying final settlement in mutual consent?
There is no hared and fast rule about this.  In fact there is no provision in law for such settlements.  It is a mutual agreement based on the compromise and understanding while the negotiations went on.
There is nothing wrong in telling them that you will pay the agreed amount at the time of judgement and for confirmation you may purchase a DD for the amount and may even give them a photocopy of it as an assurance. 


2. is their demand of asking to pay beforehand justified?
Since there is no rule or law binding such agreements, there is no question of justification by any side. 
It is purely on the basis of  mutual faith.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

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