Rahul patil 23 July 2016

Need help

My wife had filed a maintenance case against me wherein she asked for a monthly amount of 50000 rs to be paid this was done in November last year till now the case was going with its ups and down last time her cross took place wherein she denied all the allegations regarding me owing property he ce she was stuck in her own game Now her lawyer presented one more affidavit from her father alleging that he has given rs 90000 for furniture ,rs 200000 worth of gold and silver and he bore the entire burden of marriage ceremony wheein he spent rs600000. Now the judge here in belgaum told him staraight away he cannot ask mms to give him good or silver why not apply for a divorce straight away and that too for mutual consent but that too was not accepted by their lawyer who said they will not budge till they get rs 2500000 and a flat. Therefore I wanted to file for a divorce in pune but my laywer said that will not be possible because the case will be transferred back to belgaum The place of her residence. I wanted to know is IS IT TRUE??? And how much alimony if asked should I pay I gave my salary certificate as rs 9000 And also how long will it take??

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6 Replies

Sudhir Kumar, Advocate (Advocate) 23 July 2016

"I gave my salary certificate as rs 9000 And also how long will it take?? "

is it true salary.

Vijay Raj Mahajan (Advocate) 23 July 2016

How old are you? the way the maintenance is going on it seems your matrimonial battle will continue for the coming years by the time you will be in middle age.

Divorce by mutual consent can be worked out if you both agree on reasonable amount that seems not in the case. Your statement about your income too seems unrealistic and will not be accepted by the court.

Her financial status, her father's statement of giving gifts/articles at the time of marriage etc, her own educational/professional qualifications etc. should be brought out as best defense by you to avoid huge amount of maintenance order for her, that by any means she will get if she has no source of independent income for her, based on your income and financial status, duly proved in the court.

Kumar Doab (FIN) 23 July 2016

Don't submit fake salary certificate in court.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 23 July 2016

Yes the chances of the case getting transferred before the court where she resides are very high, if she manages to approach the apex court seeking ventilation of her grievance

Augustine Chatterjee

Advocate & Solicitor at Law

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Vibha 24 July 2016

Yes, it is true that case can easily be transferred to her place of residence. If you file for divorce in Pune, she will immediately file transfer petition in Supreme Court. Her plea will be granted by SC blindly. You will get a chance to respond but rest assured that anything you say in this transfer petition will fall on deaf ears.
Mutual consent divorce with settlement is only reasonable way out of this mess.
Fight the maintenance case tooth and nail. If low or zero maintenance is ordered you can sit back and play the waiting game.
Girl is also spoiling her life by holding breath for such huge settlement. Eventually settlement demand will come down to reasonable amount. In my experience after 3-5 years of running in courts most wives agree to settle for token amount.
Nobody will believe your salary certificate of Rs. 9000 pm. In such case judge will have to make guess about your actual income and order maintenance according to that.
Wife can lie about anything she wants, court will pardon her. Worst case she won't get maintenance. If husband is caught lying in court about his income then there will be consequences, usually judges order punitive amounts of maintenance against such husbands. This is sad but very true.