75k/month maintenance filed by my wife
Happily Divorced
(Querist) 08 September 2014
This query is : Resolved
My wife filed for divorce and maintenance under HAMA section 18, claiming monthly 75,000/- rupees for expenses and in the same proportion she wants me to pay for the past 3years also. She claims My salary as 1.5lakh/month and I have property of 1.5crore in bangalore.
The fact is my salary is around 60k/month and I dont have any property in bangalore. I have a property in my hometown for which I am paying EMI of 10k every month.
I want to file divorce based on her cruelty, her willful desertion of 2years and non-consummation of marriage in bangalore. But as she already filed the divorce showing me as cruel, I am not getting any right IDEAS to tackle this nutcase.
Request the experts to give a suitable suggestion/advice. Is she right in asking me to compensate past 3years too with monthly 75k? we are factually seperated by 2years.
how to tackle the present situation? Should I file for divorce or not so that I can show 13 ia,ib and bargain on maintenance? Kindly reply.
malipeddi jaggarao
(Expert) 09 September 2014
She may claim heavens, but court will take cognisance of your income basing on the documentary proof and award the maintenance accordingly.
Where she has filed divorce petition? You engage a suitable local advocate there and explain the facts with documentary evidence. He will suggest you to what to do.
Devajyoti Barman
(Expert) 09 September 2014
The wife can claim for any amount of maintenance. Ultimately the quantum is decided by court depending on respective income of the parties.
If you could show your income of Rs. 60,000/- and deductions of EMI the maintenance can certainly be not more than Rs. 15,000- 20,000/-.
Devajyoti Barman
(Expert) 09 September 2014
You can file suit fr divorce as well but the same has nothing to do in determining the quantum of maintenance.
Happily Divorced
(Querist) 09 September 2014
Sir's
Thanks for the quick response.
Does my wife have right to ask maintenance for past 3years(desertion period) at a rate of 75k/month?
If I file divorce on desertion and show the cause in maintenance case, still I will not get any reduction in maintenance amount?
Kindly provide the details of a good senior lawyer(preferably you or your peers) in bangalore for consulation.
V R SHROFF
(Expert) 09 September 2014
Q: Does my wife have right to ask maintenance for past 3years(desertion period) at a rate of 75k/month?
Ans: no.
Sjhe already filed Divorce.
Now why you want to file it???
Just get it.. with minimum Mtn+ Alimont..
Get rid of it, especially when WIFE ASK DIVORCE..
Do not pay any lumpsum amount. ; as she will quickly re-marry, and thereafter you don't have to pay anything to her..
V R SHROFF
(Expert) 09 September 2014
u can consult/ get your replies WS etc by E Mail.. // Now the whole world is on your screen... or on your smart phone...
Location limitation had gone!!!!!!!!
Rajendra K Goyal
(Expert) 09 September 2014
You can visit the court in Banglore for finding out competent lawyer dealing in divorce cases. Can also search LCI database.
Your wife may claim for past three years, it is court to decide.
ajay sethi
(Expert) 09 September 2014
file your income tax returns showing your income of Rs 60,000 as mentioned by you . court wont award her Rs 7,5000 as maintenance . you have not mentioned whether your wife is working or not
ajay sethi
(Expert) 09 September 2014
for lawyers in bangalore search in lCI dat base
Happily Divorced
(Querist) 09 September 2014
Sir,
She is a post graduate(M.Sc in computer science) and not working.
Devajyoti Barman
(Expert) 09 September 2014
You are advised enough.
Now act than coming back here.
Suit for divorce is no consideration in determination of maintenance amount.
Dr J C Vashista
(Expert) 09 September 2014
I fully agree with experts, they have provided you sufficient advise, nothing more to add.
Now it is your turn to engage a prudent local lawyer and proceed.
Raj Kumar Makkad
(Expert) 09 September 2014
Your wife cannot demand the maintenance for the previous period rather she can claim from the date of her application.
Raj Kumar Makkad
(Expert) 09 September 2014
So far as tracing good lawyer is concerned, better to visit personally and have a one to one meeting so that you may take correct decision thereto.
T. Kalaiselvan, Advocate 
(Expert) 13 September 2014
In your case, you have stated that she has filed a divorce case against you on the grounds of cruelty whereas the fact is that she deserted you and the marriage was not consummated, right? If she abandoned the matrimonial home on her own without sufficient cause, since you are ready to take her back and live with her, also as the marriage has not been consummated, you have valid reasons to repudiate her claim for maintenance before the court as also you can file a separate divorce case too against her on the grounds of non-consummation of marriage, desertion, non cohabitation and mental cruelty. At the same time you can challenge her divorce case also strongly. As far as the quantum of maintenance, experts have advised very well how to handle the issue, you may follow the same.
Raj Kumar Makkad
(Expert) 13 September 2014
The querist has told in his post that his marriage was not consummated at Banglore. He has not claimed having not consummated the marriage at all hence the ground of divorce as told by Kaliselvan is not maintainable to that extent.
As the wife of the querist has already filed the divorce petition, no other option remains with the querist either to get the same dismissed and then to file fresh petition on the grounds as already suggested or to come for mutual divorce petition.
Two separate divorce petition by both spouse are not maintainable.
Happily Divorced
(Querist) 15 September 2014
Thanks for ur help Kalaiselvan sir and Raj makkad Sir.
