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Singh   10 March 2018

Regarding wife maintenance, harms if false allegations

I am from Mumbai basically from Khandwa ( M.P). I had marriage on 14 Sep 2016 in Khandwa. I don't have any child. Due to some issues in between me and my wife. I want divorce due to such issues. I have never used hard words or bad words or any physical abuse. 1. My wife is graduated person. 2. My wife was doing job before marriage but after marriage she is unable to get good job. Having two years of professional experience and but at current state she is job less. 3. We don't demand for any dowry. They have given some 2-3 lac including jewelry, cash and customs and other things. 4. Me and my wife is not living together from last 4 months. She is living at her home. But not taken any legal action or FIR or case. But they are demanding very big money around 15-17 lac. 5. My salary is 60,000 per month but I am having personal loan of 30,000 all personal loan taken after marriage( It will go till 2021) . Is my loan EMI will be considere while giving maintenance to my wife. Including EMI of personal loan my net take home salary is 30,000/-. 6. Me and my wife never stay with family in same roof. Can she put false allegations of domestic violence on my family. We never ever did such things 7. Can my wife put allegations and able to prove that I have extra Marital affair actually I don't have. But she able to prove that action should be taken to me.


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 4 Replies

TGK REDDI   10 March 2018

After a few months ( after the end two-year period ) you can move Court for divoce.     The issues you mentioned must be relevant.

While granting maintenance, your loan will be considered.

Domestic Violence case against you is ruled out.

The extra marital relations alleged are not likely to be proved.

J.D.S Sareen (-)     10 March 2018

Dear friend

 

As per my personal legal experience and depending upon the facts and evidence of each different case, you may apply for the dissolution of marriage under the Hindu Marriage Act or any other act, under which you are governed with. The ground of marriage must be so compelling that the court must come to the conclusion that it is not possible for you to live with your wife any further. You can get details of the grounds for dissolution of marriage by consulting an advocate. You must consider those grounds before you even approach the court; as otherwise, you may loose your case, if the grounds are not fit for divorce. In that case you will not be able to file your case in future also on the same grounds without sufficient evidence. It is also brought to your knowledge that as per the prevailing law/rules you are bound to maintain your wife, if she is not employed or earning, equal to your economical status. As far as your question of considering your personal loan while assessing your income, you are informed that it will not be very useful to you. The reason is that ultimately the said amount has come to you. The logic is that if such concession is given to husband, then in that case every husband/wife, as the case may be will get loan of lacks of lacs of rupees and get maximum deduction by way of loan and take as plea that the amount of maintenance be given at lower side, as he is getting say Rs.5000/- out of salary of Rs.1, 00,000/- in hand.

 

Now as far as filing of complaints are concerned, the  wife can always file criminal/civil cases against you,  may be on wrong facts/allegation and it will take some time for the courts to come conclusion whether the said allegations are correct or not after considering the evidence brought by her during the trial of the case.

 

You are further informed that you must consider an advocate in your case before proceeding further. My advice is a general advice and this may not be relevant or applicable to you and I am not personally responsible for any action taken by you qua the advice sought by you through the lawyersclubindia forum. Best of luck   

Singh   10 March 2018

If personal loan EMI not considered how I will pay to bank. All loans taken after marriage. Approximately how much maintenance ( rough figure) can to according to my scenario.

Singh   10 March 2018

If personal loan EMI not considered how I will pay to bank. All loans taken after marriage. Approximately how much maintenance ( rough figure) can to according to my scenario.

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