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KAMAL KISHORE (Retd Sr Manager)     13 August 2015

Maintenance

I am ready to keep my wife with full dignity and care,but she is not willing to join my society on the pretext  that she would be killed.There is no such report of illtretment on record or reported by her to any authority.I have given affadavit to family court for the same that I am ready to live with her.She left on her own without informing me from America to her" NAIHER",and filed a case under Crpc 125.Please guide me and wheter I have to pay maintenance?I am a retired person having no regular income barring some interesr coming from my FD with bank.We lived for 30 years of married life.



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 4 Replies

ANAMIKA VICHARE (LAWYER)     13 August 2015

Do you have children....If she has filed int apln, she will get maint....it depends what income comes on record/yr liabilities/her needs etc...

But finally, if you prove that she deserted you, she wont get maint...but this is very dfficulty, 125 aplns are grisslydecided n maint is granted to wives

 


(Guest)

How sad. 30 years of marriage and donno what the world has come to.

better live with the fact that she finally has moved on.

 

It apperas that she wont come back again ever.

 

Somewhere some mistake has happnd and you know it too, but the thing is you are not ready to accept the fact that she has left you for good. As it is not question of 1 year old marriage or 2 year old marriage. It is full 30 years.

 

Time to accept mistakes which you did than to file affidavit in court saying that there is no threat to her life.

 

She sure is scared.

Regards to maintenance, if  you are not in position to pay then you will be sent to jail.  Thats all, just make sure u dont get cot.

saravanan s (legal advisor)     13 August 2015

as learned advocate had said that if you can prove in court that she wilfully deserted you then you dont need to pay maintenance. if you cant prove and if the court has to award maintenance the court will take into account your income, property you posess etc and decide

Prasad (Systems Engineer)     13 August 2015

Kamal Sir...

 

It is very disheartening to hear that a woman is doing this after 30 years of marriage.

 

May be all woman of all ages are started doing this.

 

I wish you are able to recollect yourselves and go on.

 

 

Sir... you said you are ready to keep your wife with you.

 

 

The court will award maintennance amouint as much as she would enjoy if she lived with you.

 

So, just fight the case on merits and tell judge that you want to live with her.

 

Wait for your wife to claim your financial status and ask for maintenance amount.

 

If the amount is fair and you can afford it, pay the amount.

 

Else fight the case on merits and submit your real financial status to reduce the maintenance amount.

 

Just imagine that your wife is away from you for a while.

 

If your wife gets wisdom and sees your love, she will come back.

 

The best option is to pursue her with love and care while continuing to pay the maintenance.

 

I am sure everyone in this forum wishes you both reunite sooner.

 

 

 

 


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