Wife files 498a/406/34/12/hma 24 maintenance, i received rcr decree in my favour. file for divorce.
S 1983
(Querist) 23 August 2016
This query is : Resolved
Respected member advisors,
Please help me in my case and suggest me cource of action and remedies. case sequence as follows.
1. Marriage happened in Nov 2013. Wife left our rented flat (matrimonial home)in Delhi at her own will threatening me,keeping all her stuffs locked in almirah with her brother when I was in office in May 2015.one day before she has threatened me for life and told that she with aid of her step brother in law would file FIR against me and my parents with all false allegations. all this happened because of I told her my inability to pay her education loan installment for some time. i paid 5 installments already and her LIC policies in which her father is nominee.
2. in July 2015, she went CAW cell alleging false allegations. My father still came to Delhi to reconcile the matter but her father refused. I filed for RCR. she did not appear and I got RCR decree in my favour in feb 16. in CAW cell counselling, she, her brother in law was adamant not for mediation but to file FIR against me and family. FIR under 498A/406/34 got registered in Dec after frequent visit and pressure by both of them. she also filed DV case and claims maintenance under sec 12/13 and also 125. I transferred to Mumbai and before vacating the flat video recorded the belongings in presence of witnesses and informed the police about this and asked them to inform her that she can take her stuffs back in police custody but she never came. I kept her all belongings in a seperate rented room.
3.I filed for divorce in March 2016. she after this filed in sec 24 HMA for huge maintenance 50k. My salary is 55k in hand. i have received summon for investigation CRPC 41 and apllied for AB.
.she is MBA in HR from a reputed university, well qualified and had worked before marriage in 3 companies. her father is retiree but she had claimed to give us lakhs of rupees as dowry. which I never demanded but paid her loans and other liabilities. please advise me if maintenance can be denied and how to counter fight the case.
Siddharth Dev
(Expert) 23 August 2016
two questions you asked
1. if maintenance can be denied?
and
2. how to counter the case?
For this, details of your case are necessary, and for that purpose you must meet your advocate with all documents.
Kumar Doab
(Expert) 23 August 2016
Certainly prefer to consult in person with all record.
Devajyoti Barman
(Expert) 24 August 2016
The high courts are divided on the issue whether qualification of wife is enough to deny maintenance in absence of present job.If you could establish her present employment then certainly maintenance can be dined. Otherwise the court exercise discretion to deny maintenance only because the wife has past employment and is qualified enough to get maintenance.
Rajendra K Goyal
(Expert) 24 August 2016
Without knowing full case details / related documents, nothing can be advised. Discuss with local lawyer.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 August 2016
this is more or less similar story in all marriage related cases.
Maintenance will be granted on basis of your salary. Her qualification will be no issue.
very expert legal aid will be needed for counter actions.
