ankur (none) 04 April 2012

Section 125 maintenance

Hi,

I am Ankur, I earn approx 40 K per month. I want to know how much approx amount could be decided by the court.

After 1.5 months of marriage my wife left me demanding me to settle with her parents (and leave my parents).

She is not working and she had done PTC (for primary teachers). I filed section 9 for RCR but she refused to live together and replied with all false dowery alligation. RCR case is still pending.

Now she has filed section - 125 for maintenance. We did not have any children and lived together for only 1.5 months. I wanted to know how much approx amount court can decide considering these facts ?

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7 Replies

kumar101 (clerk) 04 April 2012

Thats the great part of being a wife. Marry a person and then file cases(maintenance/498a) if he doesn't bend and do wife pooja.

1.5months of matrimonial life and wants maintenance. Man where are we going !!!!!

You have get her education certificats and fight in court saying she is a capable women with 2legs and 2hands. Let her work and not be a burden on this society.

ankur (none) 04 April 2012

Ashish you are correct but court does not listen to husband ? Apart from false alligation of dowery harrasment, she has also replied with false alligation about me not taking care her in illeness. In this 1.5 months, she was ill for about a month and I got her checked from 3 good doctors and I have all relevent blood test reports, Xrays and all costing more then 4000. Although section-9 is stil in process and I will submit all these document stating "I treated her with my best" but would it help ??

Also she is asking for 25 Lc (as a settlement) and for not fileing 498 against me and my family.

1 ) I think TIME which a wife lived together is also considered when maintenance is decided ?

2) I am not sure whether this could be a proof ?, but I have many SMSs which she sent from her mobile saying " I have to fullfill her parent's demand if I want to live with her".

3)Based on above things approx what amount could the court decide ? 5K , 10K, 15K or even more ?

Dharmesh Manjeshwar (Advocate/Lawyer) 04 April 2012

passing of maintenance depends on factors like husband's income, status, whether wife is also earning, whether there are dependents on husband, etc

ankur (none) 04 April 2012

1) Does factors like "time we lived together" (1.5 months) also be considered ?

2) Also my both grand parents and mother are living with me (although my father is working) , Could grand parents and mother be considered as dependents ?

3) If she started living with another guy, what is the best way I can prove that she is either re-married/non remains chaste ? Offcourse even if she has re-married she will not tell this in court since she is getting a good amount of money.