Null and void and maintenance
krishna
(Querist) 04 September 2014
This query is : Resolved
The court proceeding of my Null and Void case as just started.
My wife sent me Maintance of 30k showing my salary slip of 1 lakh and attached 200 sq yards land(though she doesnt have document papers are any details on whom the land is registered ,she simply claimed)
My wife's family is rich.
after seeing her maintanance i resigned my job. Now i dont have job
can she still claim maintance
As i filed Null and Void , is maintance still applicable?
what are precautions i have to take to avoid maintanance.
should i clear the amoutn in my bank account
should i transferred my land assests.
right now i dont have job, but will work in coaching center as a trainer 10 k per month.
after the court decided the amount for maintance can i secretly work elsewhere for more money
Devajyoti Barman
(Expert) 04 September 2014
Pendency of suit for nullity is no ground to avid maintenance.
Unemployment is equally no ground to avois maintenance.
ajay sethi
(Expert) 04 September 2014
what is your wife qualification? is she working? you wont have to pay maintenance if wife is working and drawing a decent salary .
merely because you are un meployed is no grounds for avoiding maintenance .
krishna
(Querist) 04 September 2014
My wife 's qualification is 10th .
she is not working
she may have some assests
My wife family is rich
As i dont have job how and where i can give a maintanance of 30k
what is the min. maintanance as i dont have job.
if i have a job of 10k then how i can pay her 30k towards maintanance
Devajyoti Barman
(Expert) 04 September 2014
The income of her family has bearing on determining your liability and quantum of maintenance for your wife.
V R SHROFF
(Expert) 05 September 2014
YOUR ACT TO RESIGN TO AVOID MAINTENANCE will not help you..
YOU ARE LIABLE TO MAINTAIN AS PER THE STD OF LIVING MAINTAINED BY YOU EARLIER.
COURT BELIEVE YOU LEFT JOB FOR BETTER PROSPECT AND INCREASED YOUR INCOME THEREBY!!!!!!!!!
krishna
(Querist) 05 September 2014
My wife and her family cheated me. My wife was already married to another person before my marraige.
I filed Null and Void for the same(suppressed the fact that she is already married) and also stated the fact the our marriage is not consumated
My first Marriage details:
married in the year 2006
wife's ex husband died 2009
my marriage date Aug11,2013
she stayed less than 1 month with me.
She told me the fact that is already married and went to her house.
Her father and elders for her side advised to deny the fact that she is married.
She filed 498 and 498(A) via court and it is in the police station on all our family.
But the investigation has not started.
She harassed me and misused woman's protections laws many times. She frightened me many times
due to these tensions and pressure i was in LOSS OF PAY for 4 months and my performance in IBM company went down.
My Manager at IBM warned me that i am not performing to my experience level and indirectly told me to leave the company.
Finally after i received a notice from my wife claiming 30k of my 1 lakh salary i decided to quit my job.
My wife family is very rich. they have 4 apartments, petrol bunk, her father is earning 50k per month govt job,
and few sites.
now i joined a institute for 10k per month a trainer and want to show in the court.
My wife age is 29 years and my age is 35 years.
my wife and her family knows that no one will come and marry her as it will be her 3rd marriage.
So they are trying to take revenge on me and ruining my life.
Advice me.
Sudhir Kumar, Advocate
(Expert) 05 September 2014
BIGGEST HARM ONE CAN DO TO HIMSELF IS TO HIDE FACTS WHILE SEEKING ADVISE AND YOU SEEM TO BE EXPERT IN THE SAME.
Devajyoti Barman
(Expert) 05 September 2014
Until the marriage is declared null and void the court may grant maintenance.
krishna
(Querist) 06 September 2014
I agree that the court will grant maintenance till the marriage is declared null.
How much is my question ?
Now that i left my job ,i am no more a software engineer earning 1 lakh salary.[mentioned the reasons for leaving the job in the previous post]
Now i work for a training institute as a trainer earn only 10k
I left my home and staying in a hostel so i should pay rent
I dont have any assests.
How to make the court understand my problem.
The court many think i left the job soon after i recieved the maintance notice.
but the truth is that i am not able to perform in the office.
My wife's family is affluent.
She just want money from me. I want to give her maintance as less as possible.
I came to know that she has a boy friend and currently roaming with her.
Her idea is to take 30k from me and enjoy with him.That is why she is contested the Null and Void that i filed in the court.
She knows very well that i and my family will never accept her.
In the mainteance she and her father claimed that they are very poor.
Though i dont have documents . i know that her father owns 4 brand flats worth 1 core
Her mother has petrol bunk
Her fathers monthly income is around 60k
Her father has some land
Advice Me.
krishna
(Querist) 06 September 2014
I agree that the court will grant maintenance till the marriage is declared null.
How much is my question ?
Now that i left my job ,i am no more a software engineer earning 1 lakh salary.[mentioned the reasons for leaving the job in the previous post]
Now i work for a training institute as a trainer earn only 10k
I left my home and staying in a hostel so i should pay rent
I dont have any assests.
How to make the court understand my problem.
The court many think i left the job soon after i recieved the maintance notice.
but the truth is that i am not able to perform in the office.
My wife's family is affluent.
She just want money from me. I want to give her maintance as less as possible.
I came to know that she has a boy friend and currently roaming with her.
Her idea is to take 30k from me and enjoy with him.That is why she is contested the Null and Void that i filed in the court.
She knows very well that i and my family will never accept her.
In the mainteance she and her father claimed that they are very poor.
Though i dont have documents . i know that her father owns 4 brand flats worth 1 core
Her mother has petrol bunk
Her fathers monthly income is around 60k
Her father has some land
Advice Me.
Sudhir Kumar, Advocate
(Expert) 06 September 2014
Howsoever, best you may try but the above blog gives clear picture of your mind.
Rajendra K Goyal
(Expert) 06 September 2014
You have initiated no. of threads on the same topic, post your query in the same thread:
http://www.lawyersclubindia.com/experts/Null-and-Void-484661.asp#.U8xbu0BvdG0
http://www.lawyersclubindia.com/experts/Null-and-void-484211.asp
http://www.lawyersclubindia.com/experts/Nullity-of-marriage-in-india-null-and-void--489126.asp
http://www.lawyersclubindia.com/experts/Anticapatory-bail-for-498-498-a-and-domestic-voilence-act-488936.asp
V R SHROFF
(Expert) 06 September 2014
she was eligible to marry.
She can say, she informed you that she is widow!!!!!!!!!!!!
Criminal courts have no right to declare any marriage null & void !!
U need to go to civil court to get it.
Will take few years ,may be 10-15 years before u get // may not get// null & void declr//
So you are acting foolish...
by leaving job, u r harming yourself...
To be Widow cannot be grd for null & void marriage..
Impossible that you can prove, she hide her status as WIDOW..[ EXCEPT IF IN REGD MARRIAGE SHE DECLARED UNMARRIED??]
SO VAIN IS THE STRUGGLE.. It's Life..Just Enjoy it.. Don't dig past..
All have defective past !!No one with clean bright records....They only hide from public....
So take it easy.
V R SHROFF
(Expert) 06 September 2014
Krishna,
The God Krishna gave her sister to a already married man, ARJUNA...
now HINDU LAW!!!!!!!HA!!HA!!!!!!!!
JUST ENJOY LIFE AS IT IS..
BE PRACTICAL; NOT ideal.. not theoretical..
Devajyoti Barman
(Expert) 06 September 2014
The court would consider your last income, Unemployment is not a wise idea to lessen maintenance amount.
T. Kalaiselvan, Advocate
(Expert) 08 September 2014
You have been advised a lot by many experts here as well as in your previous threads, now wait for the legal course of action and its result.
