Abhi 23 March 2022

Contested divorce - wife unwilling to stay, do i need to still pay maintenance

Me and My wife got married in July 2019. This was a second marriage for both of us. Even though I was sceptical, I didn't do much background check on her, as we clicked.
The issues started after marriage, when I saw a whole new narcissistic side of her. She was never even asked to adjust to our way of life, still she picked up issues to fight on (like if I missed a call from her parents she would fight, if I didn't call her parents or sister coz of work she would fight, if my father didn't ask her what she wants to eat before leaving for the market she would fight, if my mother cooked something that she didn't like she would fight).
She would pick up fights, abandon her matrimonial home and go stay at her parents. Her parents were fully supportive of her actions and multiple times offer me to come stay with them as a solution, if she was unable to adjust at my place.
These issues took a toll on my professional life as well as I got fair warnings from my leadership on my performance.

I stayed at my In laws place for over a month to see if things would improve, to no avail, I stayed with her at a separate property that I own and still went through the same cycles (fights, leaving matrimonial home, coming back for a few days after me convincing her).
She denied living with me if I didn't give her access to all my bank accounts and remove my father's name from the accounts wherever he was a joint holder with me. Even I gave in to those demands as well to make it work, as it was our 2nd marriage.

Finally in Dec 2020 she left, demanding to come back, only if I buy a joint property with her, and add her to my accounts as joint holder. I finally stood my ground and denied to do so, and we have been living separately since.

I've call recordings of most of these conversations (60%), and whatsapp chats to substantiate.

I've sent her legal notice for RCR and Marriage counselling. She has ignored both the notices and have not responded.

My question is, since she is un willing to live with me, if I file for divorce, do I still have to pay her maintenance even with the quantum of evidences I have?
She has done M.A and a Diploma in Interior Designing (financed by me- bank statements available), and has worked in the past. I'm not sure if she is working now or not.

Thanks in advance for your valuable inputs on the same.

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4 Replies

anubhav Bhatt 23 March 2022

Maintenance part is concern it's a complete discretion of court and if you have sufficient evidence then court will examine it and then deliver judgment and second part is RCR notice if she was not replied then move Section 9 of Hindu Marriage Act before court its will support for further cases of she will file against you.
For more clarification you may contact us then I'll elaborate properly about your case.

Regards
Advocate Anurag Bhatt
📱 9198889990

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 March 2022

if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . ...
even if you take personal loans your maintenance wont be reduced .

Palak batra 24 March 2022

Dear Querist,

Maintenance under section 125 of CRPC is a tentative remedy and is granted irrespective of personal laws. It also acts as an economic umbrella to the weaker, having no sufficient means to maintain themselves. The Wives, Children and Parents being the other Beneficiaries of the section.

When it comes to the maintenance of wives, landmark case laws like shah bano and Daniel Latifi V. UoI, 2001 determins the rights of Muslim women. On the other hand, maintenance to the weaker means the wife by the husband, the Child by its father, and the father and the mother by the son.

The silence of law respecting the liability of the daughter.

The Supreme Court making the daughter duty-bound to maintain her parents, stressing social obligation, refers to this case of Vijaya Manohar Arbat v/s Kashirao Rajaram Sawai.

The procedure to maintenance is that the amount as the maintenance should be consistent with the status of the family. Warrant is issued on every breach of the order for levying the amount. The imprisonment of one month is treated as the last resort when recourse to attachment and sale fail.

The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support.

Regards,

Palak