Avoid maintenance
Satish Jadli
(Querist) 04 May 2014
This query is : Resolved
Dear Experts,
Married for last ten years and two children. My wife a lazy bones not doing any houseold duties, irresponsible behaviour. Abusive language for all family members and children also. Deserted the house many times under the guidance of her father who claims to be an LLB graduate.
This is the sixth time she has deserted the house to avoid the basic household duties and finally asked for maintenance u/s 125 crpc with section 10(3) with all false allegations of dowry and other things.I was working in a private company which was later sold out to other company seven years ago. Since then I have been working as a frelancer. And for the past two years I could not go for any job because of my wifes torturing attitude to all my family members and also threatening to kill the children. Please advice what should I do to avoid giving maintenance to my wife as I am jobles and also I have to attend the court prceedings.
Warm regards
Satish.
Advocate M.Bhadra
(Expert) 04 May 2014
If she is unable to maintain herself then you have to pay maintenance for your wife and children.Try to save your relation for the welfare of your children,failing which you may think for mutual consent divorce.
ajay sethi
(Expert) 04 May 2014
you have responsibility to maintain your wife and children . even if you are unemployed you cant escape your responsibility .
Satish Jadli
(Querist) 04 May 2014
Thank you gentlemen for a good advice. But one thing I forgot to mention that the opponents main criterium is to extract money which was tried earlier also. As these people are not from a well to do family. Earlier father in law used to torture his daughter in law for dowry and which was paid by the daughter in laws family. As they stopped feeding he turned his attacks on me through his daughter and she is following her fathers foot steps. As she has run away herself in that case does she deserve to get the maintenance. Please oblige.
ajay sethi
(Expert) 04 May 2014
if wife is unable to maintain herself court will award her maintenace . you can file RCR case . if wife has desrted you without sufficent cause she may not get maintenance
Satish Jadli
(Querist) 04 May 2014
Thank you Sethi Sir. Not knowing law is not an excuse, But as an ordinary person it is difficult to find the answers for the family laws.A couple of things I would like to know, if court finds me innocent and the allegations framed by the wife are false what should be my next step to safeguard me and my family from further false allegations by the opponent. Should I file a defamation case for misusing the law for her personal benefits. Please oblige.
Devajyoti Barman
(Expert) 05 May 2014
Yes you come out innocent then you can file suit for damages out of her malicious prosecution.
ajay sethi
(Expert) 05 May 2014
no no need to file defamation case . you will keep on spending money on legal fees and running around courts .
Rajendra K Goyal
(Expert) 05 May 2014
Whenever a case is filed against a person he can not be innocent till deided by the court accordingly. If in future your wife files cases against you have to defend yourself first.
Sankaranarayanan
(Expert) 05 May 2014
nothing more need to add i agree with experts
Satish Jadli
(Querist) 05 May 2014
Thank you everybody. The advice seems to be a mixed bag. In some way or the other every one of you is right. But if you put yourselves in my shoes you will find the relation is almost over and at the point of no return. The final nail has been hammered to the coffin. Opponents long lasting lust for money has come out. Wife has no interest for the children also. Many aged people here said to clear off. My question to all learned experts is that in which legal way I can get the freedom without fulfilling the opponents aim of extracting money out of me. I hope you gentle guys undertand what I mean to depict. Please oblige.
Biswanath Roy
(Expert) 06 May 2014
When you tolerated her continuous bad habits for long ten years and have two children out of your wedlock I WON'T ADVICE YOU TO THINK ABOUT AVOIDANCE OF MAINTENANCE OR DIVORCE. Better you tolerate her for another 10 years when she will be an old lady and your children will be aged., otherwise, your legal fight shall create an impact in the minds of your children.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
While seeking opinion here you should not ask the experts to put themselves in your shoes to understand your problems. It is a wrong approach, I think it is because of your such over smartness that you are made to suffer so much. I refrain from giving my opinion to your problem because of your above said phrase which offends.
Satish Jadli
(Querist) 08 May 2014
Mr. Kalaisevan Sir,
I dont know whether my words were offending. If it offended, my sincere appologies to all of you. I am born and brought up in a very noble and respected family. I was taking legal advice from you good and learned people to get rid of the domestic violence and legal terrorism done by few uncivilized families. From the above queries you must have understood that:
I am jobless.
Children are with me.
Parent are old etc. etc.
I am only a matriculate.
Wife is a post graduate.
Difficult to resolve as they have other one sided laws for terrorism.
Also difficult to maintain her as she herself has deserted.
Difficult for me to get any job at fifty.
Once again thank you and appologies to all.
Still searching the answers.
Warm regards
Satish.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 May 2014
Once you marry it is your duty to maintain your wife so no use blaming her or your inlaws.
It is another issue that you want to avoid financial burden which will be life long liability.
So you must apply for RCR and make all reasonable noises that you are ready to take her and adjust with her.
Devajyoti Barman
(Expert) 08 May 2014
no way to avoid maintenance except you prove that your wife also earns.
