Maintainance

If she is working, then mostly you may only have to pay maintenance for your kid, if she is unemployed then you have to pay for both of them. Just wait and watch carefully, let them play the game for some time, read articles online on 498a and dowry related cases. If you really want to live with her and if she was a good wife, I also recommend you to talk to her without both side elders and sort out the differences as a couple. Third person interference would worsen the situation. Good luck.

If she is unemployed, the amount of maintenance hover about six to nine thousand for both the mother and child.  After passing of the maintenance order, if you become unemployed - not forced unemployment by tendering resignation etc. - you can move an application to amend the maintenance amount on accouont of changing circumstances.  As suggested above by my friend, if you are still in love with her, better for you to use the opportunity of her maintenance case as a plank to initiate conciliation / mediation bereft of her parental interference to restore happy married life for your sake, your wife's sake  and most importantly for your child's sake.

Prabhakar - Advocate

(M)9958670740.

Family Law Legal Aid panelist - Central Delhi (Tis Hazari). 

Thanks for Your Reply  ! But she was not a good wife ..she did adultery before Marriage with her relative and always thinking about him...her parents is knowing this fact but they are saying that he is DEVATA for him. I and my parents tried alot to come her back but her behivour is not good and always  thinking for her relative...her parents is forcing me and my parents to do divorce by Mutual Consent but i know they will ask More Money that we can not afford.she is threatening to my parents that she will file 498A and DV and teach a big lesson to my Old Parents. I am hopeless and not able to understand what to do.

She and her parents are playing and misusing Law that is basically for INDIAN Women Saftey. 

I am very much hopeless and very much tense. I don't want ,due to me my parents should Suffer.

 

Regards,

RAJ

 

You have to forget all past life once you got married her. You would have enquire about her before marriage. Once you tied up mangala soothram, and perform marriage saptapadi forget everything of her past.

Raj

 

Originally posted by : Raj
	Thanks for Your Reply  ! But she was not a good wife ..she did adultery before Marriage with her relative and always thinking about him...her parents is knowing this fact but they are saying that he is DEVATA for him. I and my parents tried alot to come her back but her behivour is not good and always  thinking for her relative...her parents is forcing me and my parents to do divorce by Mutual Consent but i know they will ask More Money that we can not afford.she is threatening to my parents that she will file 498A and DV and teach a big lesson to my Old Parents. I am hopeless and not able to understand what to do. She and her parents are playing and misusing Law that is basically for INDIAN Women Saftey.  I am very much hopeless and very much tense. I don't want ,due to me my parents should Suffer.   Regards, RAJ

Before marriage what happnd, nothing can be done about that, but you should tell her, stop it ie discussing about devta purush, and chaar do jaake chappa l se uske mata pita ko, ki aise dhokadhadi kyon kiya, agar kissi aur ke saath soyi woh, uske saath hi shaadi karwate.  TUmhare saath kyon karwaye?

 

Anyway now only option is MCD, take it, be free, no use contesting divorce case.

 

Naam toh suna hi hoga..

U need to be inclusive and try to mature and grow up with marriage otherwise u have to face consequence of law.

As per law ur case will favour ur wife try to patch up relationship as per advise of other experts also.

@Raj - Why do you Fear so much? If she wants to file 498a let her file and then fight back. Lot of people will threaten you, if you are weak.

Nobody can arrest on 498a, they will first enquire and then proceed. 

Have some courage and guts man. Take MCD. Bargain for one shot lumpsum and you will be free, else your health, your parents health will be spoiled. 

Kill the Fear else the Fear Will Kill You. Good Luck.

dear brother, 

1. the court awards 1/3 to 1/5 of the salary of the husband as  a maintenance to wife

2. if you are unemployed or the wife is employed you need not to pay the maintenance

A.P.Loganathan, Adv, Madras High Court

if husband is not employed, does he need not to pay any maintenance?

 

sir, can you give citation of some case laws which supports this view. preferably of supreme court.