gokul (engineer) 29 April 2010

Need help on maintenance case by wife

Hi,

I need some help n advice regarding a case for monthly n interim maintenance case filed by my wife.

My wife left my house a year back (after 6 months of marraige) without informing me n started living with her parents. She took away all valuable belongings in the house. I repeatedly requested her to come back home but she has constantly denied and rather alleged me of harassing n torturing her. After a cool thought , I realized that her familiy got her married to fetch good money from us n I m fooled by them.

6 months back she filed a case for monthly allowance from me. I contested it saying she left her own n ca come back home n does not need any maintenance, as per lawyer advice. Now she has filed for interim maintenance till the decision of this case saying she will never live together.

My lawyer has suggested to file for restitution of conjugal rights against her to come back as she is adamant not to live together any more. If she says no, i can divorce her after 1 yr n she will not get maintenance from court.

I personally dont like to get her back as she has spoiled the relation beyond repair.

I m only scared if she says Yes, how will I deal with her, as I cannot trust her anymore.

Please suggest what is the best way to deal with it.

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3 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 29 April 2010

normally all the time legal ways cannot do more help

but legally you should file case as per your lawyers advice.

now possible solution:

in between if your wife or wife's family member is ready to settle the issue at particular amount then it is feasible to settle the same or if you can wait then definatley go head.

but it would be better if any type of out of court settlement is possible in this type of cases.

in your case you should file case restitution of conjugal rights.

if any maintenance is approved then against such order immediately file revision application.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 27 May 2010

I do agree with the views of my Ld. friends. For further queries u can call me at 9871158578

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 31 May 2010

Learn to go for counter attack for such cases. There are no of methods.

1) as suggested go with all seriousness that you want to keep her as a queen and fullfil all her demands even may not be reasonable and hence ask for restitution.

If relations go all right no problem otherwise quitely collect evidence. Court needs reliable evidence not hearsay.

2) Show to the court that her means are more than yours and hence she does not need maintanance.

3) If you are salried class your income will be known otherwise show you are in need for mainainance from her. Raise friends to tell the court that you have taken heavy loans from them for faimily purposes to fulfill the demands of your wife and inlaws and no money is left after paying loan instalments.

4) If these formulas work all right , live happily thereafter ; however remaining alert for further mischief.

IF NOT SEND DETAILS ON OUR EMAIL lawproblems@gmail,com for further methods.