Girish (Senior Manager Operations) 30 December 2013

Divorce based on mental cruelty – alimony/maintenance applic

Question –

If the Divorce Decree will be granted in my favour based on “Mental Cruelty by Wife” still do I need to pay her any alimony? OR maintenance? Kindly reply.

Case Details –

My wife has filed a false 498a case. Me & my family has been granted Anticipatory bail by Sessions court. After investigation Investigation Officer (Police) is classifying that case as B summary.

Wife has also filed a false DV case demanding ransom interim maintenance at Metropolitan Magistrate. I have all the evidences and I have filed a discharge/ Non-maintainable complaint application. Case will be heard on the next hearing (Argument phase). Most probably her DV case will be dismissed as she has not submitted any proof / documents except the copy of false 498a FIR & falsie NC Complaints. Else, I have to appeal in Sessions court to squash the false DV case. Yet no manitenance order is passed.

I have also filed case against my wife & in-laws at the same Metropolitan Magistrate under IPC Section 384, 452, 323, 504, 506, 507 & 34. Both the cases my private case & DV case hearing comes on the same date. My case is not yet heard. In my application I have put a prayer under IPC 156(3).

Question –

Police (Investigation Officer) is classifying the 498a case as B summary.

DV case will be proved false in the Metropolitan Court else, I have to appeal in Sessions court to squash the false DV case.

I have sufficient ground to apply for Divorce in Family court under HMA 13(1) – Mental Cruelty by wife. It will be proved easily after producing the Copy of orders from Police (Summary Report) & Order copy from Metropolitan Court / Sessions Court / High Court.

If the Divorce Decree will be granted in my favour based on “Mental Cruelty by Wife” still do I need to pay her any alimony? OR maintenance? Kindly reply.

Reply Follow

6 Replies

lawagaintmen (xyz) 30 December 2013

seems like you are ready to pay to much money to your lawyer thats why so many cases. and yes you can file divorce whenever you feel like but how come you filed ipc 452 on your wife? as she can enter her matrimonial home? i m saying this beacuse many things can go against you also. and i dont think so dv case can get solve so soon. and in most of the dv cases wives submit only oath affidavit and mostly things depends on cross examination when judge listen to both the parties beacuse majority of civil cases decision are done on views as its hard to produce cruelty proofs? btw what kind of proofs you have... Go ahead and file divorce

Adv. Nikhil Seth (legal consultant (9867264707)) 30 December 2013

Dear Girish,

Divorce is on cards . If You file divorce it shall be granted in your favour, whereas maintainance is concerned if your wife is working and qualified to earn you can press on that ground and press on paying for one time alimony or maintainance.

Regards,

Adv. NIKHIL SETH

Mumbai

Girish (Senior Manager Operations) 30 December 2013

@lawagaintmen - Thanks for your response. My main question is in Divorce whether the cruelty from wife will be proved or otherwise, I have to pay her? Is that the case?

Can I get rid of her without paying her anything? - Is that possible anyway legally?

As you don't have idea about all the facts your views are acceptable. Since before marriage I am staying away in a different city away from my parents. My wife never stayed even for a single day with my parents. She has filed false cases 498a ^ DV with same set of allegations. When 498a is classified by Police IO as B summary I hope the chances are high that DV application made with the same set of allegations should be summarily dismissed. ELSE, I will go to Sessions / High Court for the same.

SECTION 452 = House Trespassing & Abusing - My wife left me next day after we returned from our honeymoon by giving the reason of illness & went to her parental house. My parents house is not our matrimonial house as "WE" HUSBAND & WIFE never Co-habit in house of our parents before OR AFTER MARRIAGE. My wife & monster in law entered my parents house in my absence and tortured them. My parents went to police to file FIR but they instead registered NC Complaint.

My wife & in-laws called me several times & passed on threats in abusive language & threats of False 498a. I have all the phone calls recorded & I have also submitted all the proofs to the court. At the time of hearing my lawyer will be able to explain the facts to the Magistrate. I have filed several written complaints against my wife & in-laws at Police, ACP, DCP, CP, Home Mimister & Chief Minister. She has given statements twice at Police Station that she never stayed with my parents & I obtained the copy of that using RTI. She has filed false cases that she stayed with my parents & they acted upon cruelty on her.

Section 384 = My wife & in-laws threaten me over the phone call to pay her ransom and initially I paid her to keep my parents away from all this mess BUT later on I denied paying her & then she filed false cases against me & my family. I have phone calls recorded. CD & Transcripttion is provided to the court for the phone calls.

If all this cruelty will be proved in Metropolitan Court as well as Family court in Divorce case STILL DO I HAVE TO PAY HER? If SO then I have to think of some alternative. Kindly reply.

lawagaintmen (xyz) 30 December 2013

oh yes i agree..she cannot claim rtr if she has not stayed with your parents she has right to get rtr only where your are staying or may be some rent...good best thing in your favour is that your wife admittted that she is not living with your parents..best of luck.

T. Kalaiselvan, Advocate (Advocate) 31 December 2013

The decision about granting her maintenance amount is the discretion of the Presiding officer of the court. You say that you have all the proof that she has committed cruel acts against you, but whether the same was correctly presented and properly argued by your lawyer?, have you followed up the case on each and every hearing scrupulously?, Whether the petitioner/wife was thoroughly cross examined by your lawyer on the basis of evidences in your possession?, despite all best efforts, if the case is going against you, the next solution is to either go for a revision or an appeal.