Maintenance

I'm earning 42,000 per month. I stay in rented house and below are the split of monthly expenses.

House Rent: 11,000

Personal Loan: 9,000

Credit card expenses (EMI) : 3,000

Mother medical expenses: 2000

Broadband, mobile, electricity bill and others: 5,000

Income = 42,000

- expenditure

1.  11,000/- produce rent agreement/bills

2.  9,000/- produce documents

3.  5,000/- cc+medical exp

4.  5,000/- misc exp

==========================

12,000/- take home income [on this they will calculate how much alimony should be awarded]

Wife also drawing 10,000/- and working woman = no need to pay alimony.

BTW, how much is she asking in lumpsum?  And what are the reasons which she is stating to ask lumpsum money?

Thanks for  your reply.

She needs 10 lakhs, She states that i spoiled her life. Now she is spreading false information about me saying i dont no to run a family and im running behing my mom for everything. And i took all her jewellery and her salary and i forced her to get out of my house.These are all false, because i take my own decision.

She ran out of my house, When i went to her home and asked her to come with me, She refused and she insulted me infront of everyone in her house. Because of all the insults which i faced i filed a divorce.

That's how it started, from that day she started filing cases,, 

Complete history below. which is already posted in this forum.

  1.  Dowry amount of 50,000 and Gold

2. After/Before my marriage they have not given single paisa to me or to my family members.

5.       3. She broke the matrimony home by running to her home numerous occasions (evidence on call recording)

6.       4. Mother in law herself told that their lawyers asked her to file false cases ( evidence on call & video recording)

7.       Complete marriage expenses of around 6 Lakhs spend by me. I have still have around 4 lakhs of personal loan for marriage for which I am still paying.

8.       She needs 10 Lakh money to close the case

9.       No evidence related to harassments.

10.   If I really need money of 50,000 I can swipe my credit card instead of begging anyone.

11.   For my Mother hospitalization, I swiped my debit card near the hospital. Evidence is there in my debit card statement and there is no requirement for me to get money from my mother in law

12.   Unnecessarily dragging my sister into this case for domestic violence

Once Divorced is filed last year – Below listed happened

1.       A week before the first counselling,  Wife and her relatives(uncle, aunt, mother, father) came to my home and fought and insulted me, my mother, my sister with bad language.

2.       I filed a complaint in nearby Police station on the same day. (No action took place till now)

3.       Next week after the counselling they filed a case in police station, on Domestic, Dowry charges

4.       I was called by Inspector of police and a counselling took place. Counsellor found charges against me are false and she gave her feedback to the Inspector.

5.       Numerous times I was called by the police inspector and I was threatened to live with her.  I gave a written statement saying that I will return all jewellery, Furniture, etc that coming Saturday.  Also I came that Saturday with my lawyer to station but they didn’t come.

6.       Again, Next week I received a call from Asst. Commissioner of police (Dowry Prohibition Officer)  I was asked to come the following week.

7.       I sent a notice to Asst. Commissioner of police saying previous week similar complaint was filed in nearby Police station and I was enquired. Also called Asst. Commissioner of police Station number informing the same and mentioned over the phone saying that if required I am ready to come to the station at any time

8.       Then the following day received a  summon from Domestic Violence act and was asked to come to collector office. So we went there again the protection officer didn’t found charges against me are valid. Asked me to return the jewellery, Furniture, etc. For which I agreed and gave a written statement to her. Also Wife and her mother in front the protection officer asked for 10,000rs on monthly basis Or they need a onetime settlement of 10 Lakhs. I informed to protection officer that I’ll think and come back to her. I was asked her to come on after couple of weeks

9.       Again after a week received a call from State Commission of Women . There was counselling held. Asked me to return the jewellery, Furniture, etc. For which I agreed and gave a written statement to her. I was informed that I will again receive a summon to come the following month.  Also Wife and her mother want to settle the case with 10 lakhs. I told I don’t have enough money. ( After that  I didn’t receive a summon till now)

10.   In 2012 after the counselling in high court I went to collector office to meet the protection officer but she was not there. We gave a notice/petition about the false cases she filed previously with numerous police complaints to the Secretary of protection officer. Also informed her to call me if any presence of me required going forward

11.   Later after a month or two. I received a call from Asst. Commissioner of police (Dowry Prohibition Act) asking me to make my presence.  I again had a counselling and counsellor found all charges false and my wife pressed to file FIR and they refused. And I gave a written statement saying I will settle the case through my divorce case

12.   On October they filed a new case in High court , But during the counselling in Divorce case in high court, My wife kept telling that she wants to live with me

13.   I showed the evidence that to the counsellor in High court with all the police complaints she made on me and also the new case she filed, then the High court counsellor moved the divorce case to the court.

14.   From Nov 2012 to Feb 2013. Wife and mother in law started calling me but I didn’t answer any of those phone calls. And I did answer my mother in law calls and all those calls are recorded and there was video recording when she came to my home for during Dec 2012 for compromise.

15.   Divoce case is running parallely, Now again, new complaint in another magistrate court. Any help on how to take it forward will help

10 lakhs is something i can never afford.

Regards,

Victim

1.  i suppose I've replied to your query before, if not, never mind.

This is a clear case of roll-call people.

She does not want to live with you, but she will keep on telling until the day of divorce that she wants to live with you and that she loves you blah blah... 

You have had the correct approach, when her relatives came to your house, did galata, you have lodged complaint, all these records you will have to submit to the family court where the divorce proceedings are going on.

Once evidence stage comes, your evidence will be noted down, then her's.  Later on two more dates for cross examination, and there she will be caught.  She has already put a DV case against you, all this will be cross examined. And you will have to be very patient, as these DV case should be finished first, only then mental cruelty can be proved through DV case in the family court.

Once cruelty is proved, divorce is gauranteed.  For these all  those recordings audio, video will come handy.

This is not it, the way it looks the will also file 3 more cases against you in the family court or in some other court to claim maintenance.  But all those wont stand.  She can claim maintenance only under one section of law and not under 2-3, provided if she is having no source of income, if she is having some source of income.. you will have to show it to the court.. ie via documents like salary slip, bank statement etc.. then you need not give her any money as alimony.

All the documents pertaining to marriage expenditure have to be explained in the divorce petition with valid bills etc.

2.  Second option is, get the judge as a mediator to solve this, if requested the judge will help you come to a final figure, if she is asking 10 lac and you are not able to set that kind of money, then looking at your financial circumtances the judge will arrive at a amicable figure for one time settlement where she will withdraw all the cases against you, sign MCD papers, she gets money, you get freedom.  Mind it, such payment should be done via DD.  WHy second option?  Instead of dragging on the cases, paying her alimony for years together, its better to pay in one shot and get rid of the headache.  For eg:  She gets a alimony of 4-5k per month the cat and mouse game begins, and hope you are good in math to do rest of the calculation.

Anything new turns up, keep in touch.

Thank you so much, For such a quick reply..

I'll keep you updated.

Regards,

Victim

Excellent advice by Helping Hands

There are lots of High Court cases which have ruled that filing multiple false  cases against husband amounts to cruelty.Search on Indian Kanoon if necessary.