Avinash S (Director) 03 April 2013

Paying rs. 5000 every month , still not divorced.. plz help

Hello , I was married in 2010 , but started having fights and disputes with wife soon after that. in june 2012 she went to her parents place , and soon after that she filed a case against me , saying that i have an affair and my family is asking for dowry , which is not correct. me and my family had to go to some 'mahila thana' , where the police took some money and made us sign on a 10 rs stamp paper , saying ' we are not living together , and i will pay 5000 every month as maintainence , I asked my wife , if she doesnot want to live with me she can give me divorce , she didnt do that either.

I need some help here , because , i dont think that its right , she is getting that amount , enjoying her life , etc . , is their any way that i can get rid of her . please help..

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 03 April 2013

File a divorce petition, contact your lawer for further advice, but remember it even after divorce she can claim maintenance, so better go for comrpomise for one time settlement and file the consent divorce petition

Alok Tholiya (self employed) 03 April 2013

I think u should have immediatly on early stage of fight gone for relationship counselling. U still have time to save ur marriage. Many people can change and counseling can help. Time is a best healer.

Sudhir Kumar, Advocate (Advocate) 03 April 2013

if you feel that life can be emjoyed in Rs 5000/- youi are wrong. You can seeek divorce on what grfound. Youraise the ground of desertion and she renews her dowry demand allegation. Please find way out for reconciliation.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 April 2013

Mr. Avinash,

A trial court has asked a city businessman to pay Rs 70,000 maintenance per month to his estranged wife saying the "woman is entitled to the same standard of living as that of her husband".

"Though the provision of maintenance was enacted in order to prevent vagrancy and destitution, however, with passage of time, it has evolved to such an extent that, now the wife, in addition to basic needs, is also entitled to the same standard of living as that of the husband. It is settled law that amount of maintenance fixed for the wife should be such as she can live in reasonable comfort, considering her status and mode of life which she was used to when she was with her husband,"

srr (-) 03 April 2013

Where husband and wife both are working (wife in office, husband in business with almost similar income as wife), who has to pay who in case of divorce?