Maintenance query

Rishi,

As such if you have evidence that is accepted by court for adultery, you can not only get divorce but also maintenance can be rejected. ( Unless your case is dragged and marraiage amendment bill 2010 passed by then with NCW ( national c*** Wives) as requesting now to include adulterous wives also elegible for maintenance. this where men of country need to unite now)

1. Your dad property cannot be attached, she cannot claim any part of that,

2. If no child, maintenance is less

3. proving fasle 498a

4. proving her earning capacity

coupled with all this ground makes maintenance almost nil. Failure to do, will make claim successful for her.

you have not stated if your wife is qualified or working ?? 

Has she worked before marriage ??

how many children do you have ?? 

and also go through my PM 

Many thanks Mani :)

I got an another query .... e.g if the court asked me to pay XYZ amount as a mainteance to that horrible girl and I will not pay her a single penny for sure as it was a fraud happened with me then what will happen, how court will recover the amount as I will show that I am not working anywhere completely dependent on my dad's pension and going through depression.

Second query I have the recordings of phone conversation where is she is admitting that she filled the dowry case intentionally also a recording of her boyfriend ( prior to my brother-in law) where her boyfriend is saying that she has many boyfriends and has physical relationship with them. Will court consider it as prove ?

My brother in law is ready to appear in the court and will admit that yes I made a mistake and she has a physical relationship with me prior and after her marriage ?

Thank you

Rishi

Hi Stanley,

She is qualified, yes she had worked in a primamry school prior to my marriage and I have the experience certificate with me.

Thank god I do not have any kids.

Thank you

Rishi

Rishi,

got an another query .... e.g if the court asked me to pay XYZ amount as a mainteance to that horrible girl and I will not pay her a single penny for sure as it was a fraud happened with me then what will happen, how court will recover the amount as I will show that I am not working anywhere completely dependent on my dad's pension and going through depression.

See, here if you are not employed, unable to pay maintenance this all should be covered in your application to her maintenance or in your review pettition or whatever xyz section says . Once passed, you are duty bound to pay else imprisonement. Here you need really good lawyer. Also note that even if she goes for interim maintenance, she need to prove that cruelty meted to her. Whereas if you prove her adultery ( which I think i am not clear  whther adultery is cruelty meted to you as law has no puishment for adulterous wife, all you can seek is only  divorce on that ground) that augments for no maintenance. That's why she booked you under DV and fale 498a. got it? you need to prove both charges are false, through prooving her adultery.

Second query I have the recordings of phone conversation where is she is admitting that she filled the dowry case intentionally also a recording of her boyfriend ( prior to my brother-in law) where her boyfriend is saying that she has many boyfriends and has physical relationship with them. Will court consider it as prove ?

if phone recording is saved in original form, good evidence, screw taht wicked lady under criminal section seek laywer hel for good sections ( CrPC 182 ?? adv can help with sections details)

My brother in law is ready to appear in the court and will admit that yes I made a mistake and she has a physical relationship with me prior and after her marriage ?

Be thankful to him. this put your case strong, again unless it is all accepted by court no one can predict. what you need at the moment is

good , wise, genuine lawyer to help for

1. immediate filing of charges in police station along with yoru boy friend

2. quash 498a and DV

3. file divorce

4. also seek maintenance and compenstaion from her ( let it be futiel also, but put her under pressure throughout life such women should think taking 498a in hand in future)

all the best dear.

Mani