What are the possible cases can wife file against me?
john
(Querist) 15 February 2012
This query is : Resolved
Dear Experts,
We are living separately for 5 years, 3 years back she filed a false 498a complaint against me and family, we got AB from HC even then no FIR registered. After that we requested her to join with me but no use. So now I wanted to divorce her. She is a Govt. employee earning more than 25000/-p.m. Daughter 7yrs old living with her. I am working in private company with less salary.
If I go for divorce what are the possible counter cases she file against me? She has no proof of my company or salary, can she demand any maintenance from me? Then how can I defend me?
Can she file another 498a complaint against us? In the 3yr old complaint, if FIR is regd. can it be quashed in H.C?
Please reply.
Chaitanya_Lawyer_Mumbai
(Expert) 15 February 2012
She can file FIR in 498a.
She will not get maintenance.
maintenance will be awarded to daughter.
ajay sethi
(Expert) 15 February 2012
if your wife is earning more than you no question of payment of maintenance .
since you have been staying separately for more than 3 years you cna file for divorce . the court wont award her maintenace as she is earning more than you . however you may be liable to pay maintenance for your daughter
even if your wife files another 498 A you can always move HC for quashing .
