Arindam (Software Engineer) 20 April 2011

Maintenance after Divorce

I have been married to my wife since last two years.I reside in Mumbai. Form the beginning of the marriage she was in an intention to separate me from my parents. Not only this , she used to compare me with her brother-in law in every aspect. Also , her brother -in law had sent some photographs in which my wife is ina avery close postion with him. Though, I had taken the snaps at that time as a humour, but now I suspect that there is something wrong between them.

She used to misbehave with my parents and treated them liek servants.

In last year 2010, I had a minor operation. Soon after teh operation she called her relatives(including her brother in law). they not only insulted me and my parents but also gave life threateing to my family. Then they took my wife with them stating that if I don;t leave my family they would frame a false 498a against my family.

Immediately, I made a NC against his brother-in law stating he gave life threateing. After that I filed a divorce case against my wife for the mental cruelty. also I submitted the photographs which I had mentioned in the beginning,.Three hearings have been passed and she did not gave her apperance.

Now she has filed a Maintenance case under Section 125 at her native place (Assam). She has made false allegations that I had demanded dowry from her parents. Now she is claiming abt 8 lakhs rupees in cash for ornamnets and clothes (she had never brought from her parents) and Rs 25,000 per month for the whole life. I am a s/w engg earning about 50,000 salary. But I do have other obligations as my Home Loan EMI etc. She has also stated that my father is also earning and so I have no other obligations,

But my father would be retiring next month so I need to take care of my parents and my grand father who lives along with us.

My wife is a B.A (Bachelor of Arts) and was a housewife. Here are my questions:

1) How much amount the court can order for the maintenance.?

2) Also since she had made allegations againt me that I had asked for dowry so didn't she has to proove the same ?

3) Since she has not appeared for the hearing of the divorce case so will this point be beneficial for me ?

4)What should be my next step ?

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6 Replies

Tajobsindia (Senior Partner ) 20 April 2011

@ Author

@ Legal + @ Take :

1. You have not mentioned in your brief if she is working presently, hence as a thumb rule think of 5 K to 8 K as outflow to her to visit Kamakshya read with Kaziranga NP. You may mention liabilities of your folks under your w/s if any though but since interim maint. are granted prime facie you need a good ld. Advocate representing your side in Assam to plead ‘neglect and means” which are valid line of defense in interim S. 125 CrPC from husband side.

2. So far as Divorce suit is concerned go for substituted Services and then pray for ex party Decree thereof for which your ld. Advocate is competent professional to guide you further instead of waiting for her appearance in Mumbai which she will not come unless conveyance with lodging / boarding are met by you.

3. Concerning Dowry and Stridhan allegations she has to prove the same and hiccup here is your domestic flight to Assam to defend the same.

4. Read last 100 posts under Family Law forum and once completed then come back and ask further que. is suggestive advise.

Arindam (Software Engineer) 20 April 2011

Hi Tajobsindia,

Thanx a lot for your reply.

No currently she is not working.

Keeping this in mind , what can be the maintenance per month which I can be asked to pay ?

Also could you please let me know what the following line means :

"a thumb rule think of 5 K to 8 K as outflow to her to visit Kamakshya read with Kaziranga NP." ?

thanx very much in advance

Tajobsindia (Senior Partner ) 20 April 2011

@ Author

1. Have you not read para 4 suggestion. Had you followed suggestion in Para 4 you might not have asked what is 5 K and or 8 K and regarding Kamakshya read with Kaziranga NP she would visit Kamakshya to gain shakti to derail your happiness and visit Kaziranga NP to hone her hunting skills.
BTW:
Kamaksya is one of the most famous Shakti temple in Eastern India
Kaziranga NP is famous national park in Eastern India for one horn rhinos

Roshni B.. (For justice and dignity) 20 April 2011

Originally posted by :Arindam
"	Hi Tajobsindia, Thanx a lot for your reply. No currently she is not working. Keeping this in mind , what can be the maintenance per month which I can be asked to pay ? Also could you please let me know what the following line means : "a thumb rule think of 5 K to 8 K as outflow to her to visit Kamakshya read with Kaziranga NP." ? thanx very much in advance	"

Akkhir maan bhi jao chachaji.

Zara simply explain kiya karo.

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Tajobsindia (Senior Partner ) 20 April 2011

Originally posted by :Roshni B..
"	Akkhir maan bhi jao chachaji. Zara simply explain kiya karo.	"

Chirag Tale Andhera = Roshni B

5 K = Indian Rupees 5000/-
8 K - India Rupees 8000/-

Thumb Rule in maintenance cases when wife is not working and husband is saying that he is drawing about Indian Rupees 50,000/- is to split it into two and first half is for husband usage and from balance half 1/3rd. or 1/5th. is prime facie announced in Court as per bare reading of 100 interim Judgments.

BTW, Roshni if this chap did not read last 100 posts atleast you could have read before chirag (Roshani) lekey dundhaney nikali hon aap bhi na............aab kya kahu I am self constrained by few self created restrictions here otherwise you by know me quite well what could have been my alleged response to such bummers hai ki nahi :-)))

Double whammy here now would be that this chap after so much spoon feeding will cry of his EMI and retiring folks back home without understanding that spoon feeding shall not be allowed for single Indian husbands who are always in disadvantageous position. But what one can do………….lunch time nikal kar key bandwiddth cover karna padta hai jaab ki eik single message reply sey samazh jana chahiye bandey ko........

Arindam (Software Engineer) 20 April 2011

Hi Tajobsindia,

I have read about 50-60 posts from Family Laws forum.

So just to confirm one thing according to your suggestion and considering my salary and other liabilities I may be ordered by the court to pay arnd 5k-8k per month as monthly maintenance .

Kindly let me know if I am thinking in the right direction ?

Thanx a lot for your help.