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Shivaji (Seaman)     25 April 2015

Maintenance case

Sir, I married a girl in 10 May 2014.I send her to her house on 14 May 14 in the presence of village elders as she caught affair with his cousin through auto call recorder in my phone. Soon after i complained to local PS for her suicide discussion in phone with his boy friend and filed a FIR in 18 May 14. Than i filed a Annulment (to nullify my marriage) case in family court in 23 May 14 as no nuptials has been taken place as she avoided and maintained distance with me.She also agreed infront of honble judge in mediation that she avoided for first night. And i filed sec 420 case against her,her boy friend and her parents in 1st MPM as intentionally and forcibly married her as she expressed her feelings to her boyfriend in phone which was recorded. Already 7 hearings completed and mediation by judge also completed.Now she filed a 498A on 29 Jan 15, Sec 3 & 4 of DP ACt on 29 Jan 15, Maintenance Case and DV Act against me on March 2015 stating that i and my parents looked after well for three days and thereafter we beaten,harrased physicaly and mentally and necked her out on 14 may 14 for additional dowry.Now she stated in her petition falsly that i have property the property of 50 lakhs and i am earning 50000 per month.She demanding 25000 per month.But on ground they gave 6 lakhs to organise our marriage so we spend about 11-13 lakhs for celebrating marriage including their 6 lakhs. The marriage was conducted at my residence. I am earning 24000 per month.So with that marriage as the marriage ruined as well as i drown in debits.Myself and dad are paying approx 35 thousand rupees per month towards interest for the money which we brought for marriage.In addition i transfered 90000 to her father's account to help her parents in marriage one month before our marriage.i have the bank transaction form.I purchased bike and made every one believe that girl's parents offered me on occasion of marriage.I also have the video CD of our marriage in which she threw my hands when i used to put her on shoulders for photoshoot and maintained distance in reception standing away from me. Never come closer to me even after i explained her.All the things have been recorded.These all shows her intention.After marriage i questioned about her behaviour. She told nthng but asked to avoid first night for few months.There after she caught with auto call recorder. Please suggest me weather i have to pay maintenance to her or not???I received summons from family court to attend.
Thanking You Sir



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 5 Replies

M.Nagashyam Kiran (ADVOCATE)     25 April 2015

Dear Shivaji,

Even though you have advantage in getting divorce from her until then you have to pay maintenance to her. But you can contest the matter strongly. Quantum of maintenance matters but granting maintenance to her is obvious. So you have to put efforts to expedite the divorce case.

 

Thanks and Regards,

Shyam,

Advocate, Anantapur.

Mob: +91 7382417512

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 April 2015

Dear,

 

Maintenance on what grounds, she is like a women who does not justify getting a maintenance . Attend the court proceedings and fight your case on merits..

 

Warm Regards

Kapil Chandna Adv

9899011450 

Samir N (General Queries) (Business)     26 April 2015

File an application to stay all cases filed by her on grounds that if you prevail in your cases, the marriage will be voided, that you would be entitled to compensation from her, her in-laws and her boyfriend rather than vice-versa AND that all her cases would be rendered moot.  Make sure that you also file a civil case to include her, your in-laws (her mother, father and brother(s)) and boyfriend to recover your losses. In cases filed by you, file an application to expedite the cases citing a recent Supreme Court Judgment (that judgment actually concerns maintenance but hidden in the judgment are strong observations to expedite cases). If she has filed a DV case against you, and if your mother was living with both of you at the time, file a DV case against her (your mother should be the plaintiff). In the application seeking stay, attach the application you have filed in other cases to expedite them so that the Judge realizes that your intentions are bona fide. Finally... be prepared to appeal anything that goes against you... Do not get into any discussions with them directly... do not go in for any settlement unless they are willing to compensate you for your losses and agree to voiding the marriage on grounds of fraud... stay focused on winning your cases... If the facts, as disclosed by you, are untrue, the advice given here will go against you.

 

 

 

Shivaji (Seaman)     28 April 2015

Thank u all of u for kind advice...the above mentioned are all true @samir sir. But incase court orders to pay any maintenance how much i hv to pay as she was countryside girl studied upto 10 only.

Shivaji (Seaman)     28 April 2015

Thank u all of u for kind advice...the above mentioned are all true @samir sir. But incase court orders to pay any maintenance how much i hv to pay as she was countryside girl studied upto 10 only.

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