Criminal Misc 44 notice from wife
I am Subhash, working in private company as Technician, I got married last November 2015 and my wife was there for only near 2 months with me and due to very small issues she went back to her Father house native which comes under Belgum Distric, She used to call her boy friends when I was not there in home, with different SIM and after asking too many times she reported this is as a torcher and went back to her father house.We our family went there place with our Smaja head and also there Samaj head did not solve the issue and she expressed her view and finally she asked for divorce.
I said I do not give Divorce I am not in favour of it and you still insist I would do what ever in your favour. they wanted to go for mutual consent and need to wait for after 11 months for application, now they send Criminal Mis 44 – court notice to me Maintenance payment for her.
I belived her they would send her or they go for mutual consent, now they turned and send notice as per above.
Please guide me how to proceed now..and NO clue what todo now and I need proper guidance and help and support.
Asked in Family Law from Bangalore, Karnataka
1) divorce by mutual consent is best option
2) if your wife is seeking maintenance you have to file reply to wife application for maintenance
3) court generally awards one third of income as maintenance .
4) if you have evidence of wife extra marital affairs you can in your reply take the plea that wife is not entitled to maintenance as she had affairs with other men after marriage and has committed offence of adultery
Hi, Without your consent she will not able to get divorce.
2. It is the duty of the husband to maintain his wife and children so you have to pay the maintenance but quantum of the maintenance is decided by the Court.
Hi, you need not worry at all. There will be no maintenance if wife wants divorce. Since you have lot of people including samaj head who were a witness to discussions, that itself is evidence.
You have to contest her maintenance petition on merits. A wife has the right to be maintained by her husband except if she is earning, committed adultery or deserted matrimonial home without a valid reason. Show the notice to a lawyer to get a comprehensive opinion.
If she is unable to maintain herself then the court may grant maintenance to her but if you proved that she left your company without any sufficient reason and able to earn then the court reject her maintenance petition.
if you are not ready for divorce then fight the cases on merit with the help of lawyer.
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Advocate, New Delhi
If they have filed a maintenance case you should challenge the same stating that you are always ready to take her back but it is she who is not willing to return hence it can be treated that she had quit the matrimonial home voluntarily n her own without any valid reason hence she is not eligible for maintenance.
She should strongly oppose and object to her petition during trial and repudiate her claim and get it dismissed. Do not pursue divorce case now itself.