Pharmacist wife claims maintenance after sending letter to the husband's hr dept in office
ZAHEER HAMID KHAN
(Querist) 22 February 2013
This query is : Resolved
Sir,
My wife had filed FIR under Sec 498A/406/34 in the month of Oct 2012 and then she made repeated phone calls and have sent the FIR copy along with a letter in my office to the HR department with a copy to the police station of that area and to MID DAY & DNA NEWS which states them to remove me from the company as i had an extra marital affair and i have got married to second wife (which is accepted in the muslim shariat) if at all they do no terminate me she will bring the media and highlight the name of the company because of which i was forced to resign from the organisation. I have resigned from the organisation that i am leaving it for a better future as i had no option but to state the real reason or else it would effect my future career opportunities in the market. My wife have threatened my companies HR dept about the media propaganda & it also spoiled my reputation in the company now she is a pharmacist by profession and currently i am jobless she has prayed for Rs15000/- per month as maintenance through DV which was filed in the month of December. Please help me will i still have to give her maintenance knowing the fact that i lost my job because of her repeated threatening phone calls and reminder letters in my office. I have the copy of the letters which were sent by her to the company HR department along with post detail through which the letter was sent. Please help.
2. My wife had also prayed for a stay on the flat which was purchased by me in 2007 before i got married i need to sell this property because i am suffering from financial crunch and i do not have money to pay the EMI to the bank so far i have only received the summons but i have not received any order by court please suggest can i sell the property before i receive any judgement from the court on my property aspect secondly what is the right of the wife as per law if she has deserted the husband and do not wish to come back.
ajay sethi
(Expert) 22 February 2013
wife not entitled to maintenance if she has desreted a husband wthout sufficent cause .
you had raised query earlier wherein your wife had stated that on account of physica harassment she left you .
since wife has alredy filed application for stay of sale of flat it would not be advisable to sell the property now .
since your wife is pharmcist by profssion she wont be entitled to maintenance as she is working as on date
R.K Nanda
(Expert) 22 February 2013
no more to add.
ZAHEER HAMID KHAN
(Querist) 22 February 2013
Sir,
Appreciate your timely response but i do not have the money to repay the EMI of the bank i also want to know what according to law is right of the wife on the property if she has deserted me without any sufficient reason and do not wish to come back. Also let me know if at all i wish to sell the property then what actions can be taken by my wife against it as per law.
V R SHROFF
(Expert) 22 February 2013
She can go for DV & demand residence order, whereby restrain you to sell mat home.
ZAHEER HAMID KHAN
(Querist) 22 February 2013
Sir,
Appreciate your timely response but i do not have the money to repay the EMI of the bank i also want to know what according to law is right of the wife on the property if she has deserted me without any sufficient reason and do not wish to come back. Also let me know if at all i wish to sell the property then what actions can be taken by my wife against it as per law.
Nadeem Qureshi
(Expert) 23 February 2013
Dear Mr. Khan,
If the property is your, your wife can not do anything against you because she has no right in your property.
feel free to call
Sudhir Kumar, Advocate
(Expert) 30 March 2013
only armed forces as employer have statutory right to give maintenance from salary without court order and that too for abandoned wife and not for deserting wife.
