False allegation by wife for decree of divorce and maintance

Originally posted by : AK DDL.....
	Hi, cousin and his parents were been charged with false alligation by his wife and seeking the Family court for Divorce with huge amount as maintainance under Sec 13(1)(ia) cruelty of Hindu marriage Act. Husband is working in a private company.  He has been asked by the Family court to appear before court. They got married since 1 and half year. Husband has to take care of his parent and unmarried sister.  Wife wants to lead luxury life and always take advice from her mother.  Wife insist to stay seperately and dont want husband to pay anything to his parents.  She prefers to stay nearby her parents house. Being only son to his paratens husband dont want to stay seperately. He has high regards for his parents.  Wife also working with some private organisation and dont want to contribute her earnings with the maternal family. She never disclosed here earning even to her husband. Now she left the house and staying with her parents and approched the Family court with false allegation of cruelty on her husband and his parents. Please advice how to move ahead in this case. Thanks

3 options:

1.  Go sit talk with her, her parents come to a common understanding, carry on with life, she stays there, husband goes and meets wife every now and then, continue with marraige.  She comes back, adjusts with husband lead happy marital life.

2.  Pay her lumpsum money, take MCD [mutual consent divorce], get rid of headache, part ways peacefully.

3.  She wont agree to give mutual consent divorce, then roam to court halls for a good 5-6 years, pay her interim alimony, later on pay her peramanent alimony until she remarries.

Thanks for the advise. Talking with her and her parents is not earning any result. Wife and her monther is adment. Since wife is also  employee and earning, is she eligible for the alimony and maintainance ?. Petition is moved by the wife, husband is not willing to leave her ? He is not in a position to bear any expesnses not even lawyers fees.How the family court will view this situation ? Please advise.

Thanks

Originally posted by : AK DDL.....
	Thanks for the advise. Talking with her and her parents is not earning any result. Wife and her monther is adment. Since wife is also  employee and earning, is she eligible for the alimony and maintainance ?. Petition is moved by the wife, husband is not willing to leave her ? He is not in a position to bear any expesnses not even lawyers fees.How the family court will view this situation ? Please advise. Thanks

No alimony to working wife [submit all such proof, salary slip, bank statement, + educational qualification certificates].  On the other hand if husband is not working and does not have a source of income, then he can claim maintenance from wife.

But could you tell why you do not want to leave your wife?

Thank you Helping Handji,

In her petetion wife her self declared as employee and her position with the working orgnisation. my cousin (husband) dosent have any proof or bank stament etc., Husband is also working but dosent have enough source/earning to meet all such extra exps. Wife is aware of all this situation and about debt of the family.  In veiw of his existing financial burdens he don't want to get in to the alimony of maintance etc., Some how he wants to get rid of the case and part peacefully. Fiancially he is not storng enough to meet the requirements of wife and here perantal family for which he is being targeted. As a decent person he wants to save his marriage.

Thanks.

Originally posted by : AK DDL.....
	Thank you Helping Handji, In her petetion wife her self declared as employee and her position with the working orgnisation. my cousin (husband) dosent have any proof or bank stament etc., Husband is also working but dosent have enough source/earning to meet all such extra exps. Wife is aware of all this situation and about debt of the family.  In veiw of his existing financial burdens he don't want to get in to the alimony of maintance etc., Some how he wants to get rid of the case and part peacefully. Fiancially he is not storng enough to meet the requirements of wife and here perantal family for which he is being targeted. As a decent person he wants to save his marriage. Thanks.

Want to save marriage?

Dont want to pay a penny?

Just push the "Yes Madam" button, nothing will ever go wrong in married life till the last day of your life.

Haaa....Haaa...universal truth sirji,

But how to solve the issue. she has already approched family court and hansband has been sumonce to appear before family court.

thanks

Originally posted by : AK DDL.....
	Haaa....Haaa...universal truth sirji, But how to solve the issue. she has already approched family court and hansband has been sumonce to appear before family court. thanks

Nothing to worry.

Let him appear, if she is asking for maintenance, she wont get as she herself is working.

Court will look into matter and on what ground she is seeking divorce.

If he files RCR, and wins RCR then it is a good thing. But eventually based on merits of case either the case will be dismissed or divorce will be granted.

It is better to give her mutual consent divorce as contested divorce will take a lot of time and money to get over with.  So think and take any step forward.

Thanks a lot Helping Handji for your valuable advice.