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Manoranjan Das (Constable)     28 November 2012

Amount of maintenance if she divorce.

I am from Keonjhar, Odisha. 8 months back my wife fled away with her parents and brother alongwith my 2 sons avoiding the notice of all concern while I was not at home. After their departure I tried to contact over phone several times, but did not respond my phone call. In the mean time one of my close friend of my office tried to contact her over phone and recorded their voice call. Seing their intimacy I came to know that they previously talk each other consistently. On this, I ask all things about her allegation against me. He told all things. We came to the conclusion that her allegations were baseless and false. Then my friend felt guilty as he hide their conversation. Her allegation was about my character. All my relatives, collegues, neighborers even she internally knows that my character is clean. Still she was mentally torturing me for the last one year saying that I had extra marital relation with someone else. One day my tolerance crossed the limit and raised my hand after 12 years of marriage. As if she waited this situation. Soon she broke all the bangles and Mangal sutra, wipe off the vermilion and said "you died for me from today". Till now she is on widow get up. I went to their house amostt 10 to 15 times to convience. Every time they insulted me and told that they have no more relation with me, "if you want to get second marriage then you can we have no objection". Last 3-5 occasion they did not allow me to enter into their house and drived me out and locked the door. Knowing all this event my family member suggested me to send a pleder notice. Then do as per. On their reply they sent a reply stating about the dowry torture. What should i do the next? If she divorce me what will be the maintenance amount?



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 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 November 2012

amount of maintenance depends upon various factors and major of them is your earning which may be proved. You should file a petition under section 9 of HMA in the given case. Dowry after 12 years of marriage is a closed chapter so there is no force in their argument and moreover, your wife has left her major allegaions about your alleged character in this reply to notice.


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