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manish kumar   24 November 2024

Maintenance and divorce

My wife has filled a case against me for maintenance and dowry, the officers in mediation center only pressurize to take her home with full respect, and she also ready to come with me but her behavior became more cruel now. I clearly told to the officers that I can't live with her and refused to live with her. 

What can be happen next?

How much and whrn I have to pay maintenance?

 

I have been filled divorce case and it's hearing will be in February 2025

 

Please touch all the important aspect so that I can win this case.

 

 



Learning

 3 Replies

Dr. J C Vashista (Advocate )     24 November 2024

Mediation proceeding has no legal effect, proceed in your divorce case through your lawyer.

Award of maintenance depends upon various factors such as standard of living of wife at the time of filing petition(s), income and expenses of the parties to the petition, bargaining power of parties (if case is referred to Counselling or Mediation) etc. etc. whatsoever, it is a subjective question. 

T. Kalaiselvan, Advocate (Advocate)     24 November 2024

There is no prssure on you to take her back home.

The mediation is actually not a remedy, hence you can get the case reverted back  to court.

The maintenance amount will depend on the proven income

P. Venu (Advocate)     24 November 2024

Mediation could be finalised and award passed only with the informed consent of the parties. The mediation officers are rather facilitators than adjudicators. 

You have the complete discretion to proceed with the divorce proceedings. It is too hasty to suggest the outcome of the proceedings or the remedies that the court may grant.


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