Venkatesh N (Salaried) 10 December 2013

How to deny maintenance by desserted wife

Hello everyone,

I received a notice from Family Court to appear under section 125 for maintenance claimed by my wife.

She has made all sorts of false accusations on me and my parents which includes dowry demand, excessive money given by her parents, mental torture, me having extramarital affair and me forcibly sending her to her hometown etc.

I have call recordings of each conversation since she has left where I have asked her to come back several times and her parents have denied my request and asked for divorce. She is demanding a huge some of money Rs.50000 per month from me. How can I go about requesting the court to put a stop on her interim maintenance claim? Can I also ask for exemption from appearance in the court and can my lawyer attend instead of me?

Reply Follow

1 Replies

ChandraNS (Associate Sales Manager) 10 December 2013

Given that it is a family court, personal presence is mandatory. One or two adjournments once in a while can be skipped, but that's the maximum.

You could present your situation to the Hon'ble Judge seeking an exemption, or allow sufficient gap between successive adjournments - the rest is dependent on the Court.

Hire a good Lawyer, they will be able to help you reduce the overall outgo. But yes, they may not be able to make it a big zero unless otherwise the case is extreeemely weak.