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Arup Chatterjee (Scientist)     18 May 2013

Maintenance cost

My wife has gone to court for Nullity of marriage. She is doing so just for her parents. We have court marriage without informing our parents and spent many days (almost 2 days ech week) in my quarter for almost 7 months after marriage. Then her parents came to know and pressurised me to divorce. My wife also fought but finally after few months she sarrandered to her parents as they were emotionally blackmailing her with physical and mental torture. Finally after 1 year and 4 months she filed the case. We never had a social marriage or she never stayed in my house where my parents live. She used to come to my temporary quarter. She has filed the complaint giving false statements like 1) I wanted all her parents money 2) all golds and diamonds 3) I had extramarital affairs etc. But I am sure theres no proof as those statements are not at all true. Her parents had objection as financially me and my family was in a lower position. (Now I stay in Europe and am a researcher in a renowned institute here). I am defending the case to avid those false allegations and for that I prefer to get divorced rather than Nullity. She is now working in a reputer IT industry.

My questions are:

1) If I can establish the marriage and get divorced, can she demand any compensation or maintenance from me? 

2) If I accept Nullity, can she demand compensation or maintenance from me?

3) Is it possible to accept Nullity denying those false allegations? I mean she will not be able to prove those false allegations. But then there will not be any ground for Nullity. So, the court may order a divorce. But on that divorce can she demand any compensation? Cant I refuse compensation as once she refused the marriage?

4) If I dont attend the case will these allegations be accepted as true? and what problem I can face for that? and then She will get Nullity but can she then demand any maintenance or can she file any case based on those unanswered allegations??



Learning

 3 Replies


(Guest)

Maintenance depends on the your status,ability of wife to work and support herself.As you have mentioned that wife`s working and earning handsomely,she is unlikely to get maintenance.

Approach through lawyer stating that you are willing for Mutual Divorce but not Annulment and you will drag the case upto Supreme Court which will take atleast 10 years.(She can`t legally marry for that duration and girl`s marriagable age will suffer).

Explain that a  rose by any other name wil smell just as sweet.

K.K.Ganguly (Advocate)     18 May 2013

1. You are not clear. You said she has filed the case. What case? Has she filed a case for anulment of marriage? If yes, then on what ground? Or it is a Divorce Case?,

2. Then again, you mentioned that 'She has filed the complaint giving false statements like......'.   Has she filed a complaint before the police u/s498A in addition to her court case or your are referring to the same Court Case she has filed?

3. However, please note that suit for annulment of marriage is filed on certain grounds & divorce suit is filed on distinctly different grounds,

4. The grounds you have mentioned above are not the grounds for seeking annulment of marriage,

5. Even if any body files suit for annulment or for divorce, he or she has to state grounds producing supportive evidences without which Court will not give favourable order,

6. Best course of action for both of you should be to amicably go for Mutual Consent Divorce based on a MOU, detailing all receaveables & takeables from & to each other. It will be over within 6 & 1/2 months,

7. In the said MOU itself you can include the clause that no body will demand anything from the other & no further case/complaint will be filed against the other

Advocate Ravinder (Advocate/Attorney)     19 May 2013

It seems that her parents are tutoring her to give complaint againt you.  You meet her personally without informing her parents and ask whether she is ready to live with you or not.  If she is not willing to live with you, ask her to go for mutual consent divorce. And advise her not to involve her parents in this issue.  If she is not willing to meet you, you directly file divorce case on the grounds of cruelty and dessertion. As she is working lady, there is no question of paying maintenance. In the meanwhile collect evidences, that the consumation is over and you lived as wife and husband for a long time in your quarter.


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