Maintenance

@ Author,

1. If she files a CrPC 125 against me, how much money I might have to give? I earn about $2000 per month. And what is the maximum period I can avoid it? She has no income but her father is a central govt employee and she is the only daughter.
Take: Nearly one third. One interim maintenance Order is announced in the Order itself it states clearly by which date each month the amount to be paid. However, if the trial Court Order is under challenge by you in an superior Court then during the period of stay no interim maintenance to be paid by you, but, if a superior Court dismisses your appeal then it gives direction in its Order about date each month you have to meet the interim maintenance and since when. Once ordered it is not avoidable unless valid grounds it is challenged and it is canceled. Her father is not required to maintain your wife in a subsisting marriage be it if he is working in pvt. or govt. service.

2. If she goes for 498, how can I save myself?
Take: Lot of useful discussion on asked question already here under Criminal Law Forum, spare time and read them and make notes accordingly.

3. will those emails help me anyway, to prove it an adultery case?
Take: No.

4. I never told my wife my address in Us, though she asked many times. will it be considered as cheating?
Take: No, not cheating but it comes under mental cruelty upon her. However, she can easily use your parents address to service Court Notice. Further if she has got hold of seasoned local Advocate she can even proceed ex parte against you in accordance with provisions of Service of Notice Rules which then becomes very difficult to set aside by a superior Court and then further Rules of Law follows which makes NRI Husband's life more and more miserable. Offcourse remedies are there in Law (but)!

May note:-
Alienating wife in using her personal communication (email A/C) comes under mental cruelty as well as under domestic violence. Your parents are not required to take her responsibility when she is still married to you. Husband duty is to maintain his wife is Indian Law (with few riders though). Suspecting character of wife is mental cruelty to her both under Civil as well as Criminal and even under Quasi – Criminal Laws. She has valid reason to stay away from you so far as S. 125 CrPC case (if she files) is concerned.

Thank you for you detail reply. Thank you for valuable time for it. I have some more question

1) I am sure she has regular contact with her boyfriend, who is living abroad, over phone. So, won't it be a case of adultery?

2) I made the dependent VISA document for her and sent it to my parents and told her parents to bring it from my home, but she refused to collect it and told me to send it to her parents home which is her present address. We have email conversation. Will it not prove that I wanted to take her responsibility but she refused to come and stay with me. and won't that give relief from croc 125 maintenance?

3) If she files croc 125 , will that force me to go back to India? If I don't go to India in next 1 year what might happen to me?

4) If she has no address of me, and my parents refuse to take the notice will I be relieved somehow for the period?

5) How can they prove my stipend, if I don't say them? one-third of my stipend is a lot.

6) If she files 498 will my family go to jail? Can the court force me to go back to india? 

7) Should I go for mutual divorce or contest it?

@ Author,

 

1. Queries appearing in various LCI forum may be replied ad valorem, but, I feel just based on certain number of emails which your wife even has no knowledge of as in their contents and never even replied to them such young marriage should not be broken is my view. Consider your acts of omission and commissions too against backdrop of your first and next queries as quite often to a husband such frivolous ‘doubts’ on his wife as said in your two briefs comes as monetarily as well as socially suicidal given to understand India's more than 2 dozen Women Centric Laws!

 

2. Hence, I choose not to reply to your next set of questions.

 

[Last reply]

You can also be booked for cybercrime for hacking into your wife's account.

Be clear on what purpose you had gone for US. If you go for study purpose she may not get anything. In other way if she file 498a you and your family may face so many problems which is a bailable warrant. You have to come back to india for bail purpose. So, talk with her parents and go for mutual divorce..

without any further action why you are expect all this 

first send the papers to her home and let her come to your place and settle and make your married life happy now without thinking past give her a chance 

and even after that if she continues then decide about future because here you had hacked her email and doubted her and without going through those email even we cannot assure you the future legal course of action 

Thank you Avd Maheh. In those mails the guy only repeatedly asking for the reason behind marrying me without informing him and without waiting for him, as he was living abroad. Moreover that guy requested her to meet for once and make it clear why she took that decision not to marry him. 

now it is to some extent clear that the email will not suffice any evidence in adultery 

In my opinion I think you have taken a hasty decision on your own about your wife's character and attitude. If suppose you were not able to access her email,you would not come to know about her correspondences with her boy friend?  Your suspicions are unnecessary, you could have very well sat and talk about it to her and got the things clarified and set the matters right, why you never did so ?, were you afraid of confronting her?  you pretty well know that she is not residing in your house, what made you to be so adamant to send the papers only to your house? there are lot of omissions and commissions on your side where as you have not taken a look at your own back. If she goes for maintenance case, suppose your parents refuse the receipt of notice, you will be set exparte and made to face the consequences accordingly. This will further provoke her to go for more dangerous false cases against you and your parents through police and criminal courts. Then in your absence, your parents may be put behind bars, what will you do then sitting at abroad? Even now nothing has happened, you still have time to reconcile with her and save your marriage, name and fame and also secure your parents safety during your absence.

1) I am sure she has regular contact with her boyfriend, who is living abroad, over phone. So, won't it be a case of adultery? No.Not at all. Let say Even she commit adultery in india, You can file criminal case on that Guy, But not on your wife. Max you can seek divorce on this ground. 2) I made the dependent VISA document for her and sent it to my parents and told her parents to bring it from my home, but she refused to collect it and told me to send it to her parents home which is her present address. We have email conversation. Will it not prove that I wanted to take her responsibility but she refused to come and stay with me. and won't that give relief from croc 125 maintenance? Well try to send document to her parents home. If visa is ready send it along with tickets . let her not fly and ticket go waste. But it will proof your side of case that you wanted to bring her, you sent ticket also but she refused. 3) If she files croc 125 , will that force me to go back to India? If I don't go to India in next 1 year what might happen to me? Crpc 125 is not criminal case, No you can not be forced to move to india. 4) If she has no address of me, and my parents refuse to take the notice will I be relieved somehow for the period? She will get X-party divorce and maintenance if she want , But again she can not get money until she catch hold on you. 5) How can they prove my stipend, if I don't say them? one-third of my stipend is a lot. I am not sure. 6) If she files 498 will my family go to jail? Can the court force me to go back to india? Yes your family may go to jail , but they will get bail also. 498a , very tough for girl to bring you back , but still check with criminal lawyer. 7) Should I go for mutual divorce or contest it? Well mutual divorce is best. Best way is bring her to USA and get mutual divorce there.

my wife is a doctor she is working for NGO and earning 15000 rupees. she is asking for interim maintenence 50000 rupees. on what grounds can this maintenance be rejected. no issue out of the said marriage. she has filed for divorce. marriage (cohabition) lasted 2 months but she has waited for 3 years and then filed for divorce and interim and permanant alimony. i was working before in the merchant navy but now i am having a shore job and earning 15000 rupees. indian christian divorce act is applicable. my knowledge is she can ask only 20 percent of my income, but which income.... high income before or low income now ? can a highly qualified person such as a doctor ask for interim maintenance if her husband was earning more before but earning the same now ? can interim maintenance be zero based on the fact that if she wishes she can earn a lot more than present earning. she is showing that she is working but most of the time she is idle. kindly advise on what grounds can interim maintenance be rejected. i do not have any of her papers with me and neither does she.