Suggestion on maintaince

You have to pay  till she remarries or got a job/work to maintain herself,best way is try to file a mutual consent divorce by paying one time alimony which will be amicably settled with your wife,court would not interfare.

Thanks for your quick response.

How much that would be?Maintance.Please give me an example. how we will come to now wheather she got married or got job. after divorce.To stop these is there any precaution we have to take before applying for divorece?

Dear Querist

as per section 125 of cr.PC

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate¹[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of' sufficient means.

²[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

Explanation. For the purposes of this Chapter.

(a) minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;

(b) "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

³[(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]

(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's⁴[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an ⁴allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

feel free to call

Nadeem Qureshi (Advocate)

email address: nadeemqureshi1@gmail.com

web:nadeemqureshi498a.webs.com

Mob: +91  9953809956

           +91 8802305262

Thanks for the explanation. How much amount that would be? Please give me one example.

Originally posted by : Venkat
	Thanks for the explanation. How much amount that would be? Please give me one example.

It depends on how much you earn.

Depends on teh judge.

Minimum 3k per month.  If child there, then add 1.5k per month.  total 4.5k to 5k per month.

Thanks for the quick response, If at the time of divorce, if husband is unable to pay final settlement money to wife and if pay only maintaince is that ok,if not? and what is the difference between the Final settlement amount and Maintaince.? If wife asks huge amount and if husband is unable pay that amount what action would be on husband and how to proceed husband if unable to pay that huge amount,and if husband doesnt have money?

Originally posted by : Venkat
	Thanks for the quick response, If at the time of divorce, if husband is unable to pay final settlement money to wife and if pay only maintaince is that ok,if not? and what is the difference between the Final settlement amount and Maintaince.? If wife asks huge amount and if husband is unable pay that amount what action would be on husband and how to proceed husband if unable to pay that huge amount,and if husband doesnt have money?

Why burden yourself for paying maintenance every month?

Do you think it is a joke paying money every month, today you might be young, your circumstances would make you tell, let me pay monthly maintenance instead of full and final settlement.

Later if you fail to pay monthly maintenance bill, there will be interest on balance, warrant issue, NBW, judicial custody, again harrasment.

Raise a loan, it may look difficult, but raise a loan, or pay a lumpsum amount in two parts or three parts which ever is suitable for you.

Get rid of the headache.

Thanks for your quick reply,Example : If wife asks 10 lakhs and financial status whole worth is 2 lakhs and also that belongs to parents.dont have any assets.In that case how we have to proceed? and we have to pay 10lakshs as per wife or judge will decide?if so judge how will decide?. Wife will always asks huge amount which we cannot bear that amount.

Originally posted by : Venkat
	Thanks for your quick reply,Example : If wife asks 10 lakhs and financial status whole worth is 2 lakhs and also that belongs to parents.dont have any assets.In that case how we have to proceed? and we have to pay 10lakshs as per wife or judge will decide?if so judge how will decide?. Wife will always asks huge amount which we cannot bear that amount.

Venkat:

To ask one can ask give me rashtrapati bhavan in delhi or vidhan soudha building. 

Hope you've been to a vegetable market.  You ask potato how much per kilo, they tell 25 rupees, will you stop there?  No, you start bargaining.  you tell make it 20 and give.  They tell no will make 24, after sometime vendor will agree to give it for 22. 

Same type in family court.  You ought to bargain.  More your bargain, betteer for you.  

Judge wont tell pay 10 lac.  Judge will also see what is your income, property etc and then come to a reasonable amount, like you said you have 2 lacs property and that too its in your parents name, court will give its due consideration for your plea too.

Couple of dates, and you will finally get to see the final rate for your freedom.

Wishing you all the best.

Thanks for your very much, After settelement,Is wife has right to file any false cases like 498a.if so what precautions want to take and please advice. thanks for ur valuable suggestions.

HI Sujay,

                Why it is better to pay lumpsum.

               In case on monthly payment  the payment can be stopped right once wife remarries.

               Will sumpsum means less amount in long run or something?

~tony

Originally posted by : Venkat
	Thanks for your very much, After settelement,Is wife has right to file any false cases like 498a.if so what precautions want to take and please advice. thanks for ur valuable suggestions.

Dont want to scare you brother, but democratic setup is there, anything is possible. But even if someone is so evil to put a case after recieving money, then such cases wont stand for long, eventually cases will be dismissed, not to mention the time and money you would have spent to come out clen.

Originally posted by : tonyjames
	HI Sujay,                 Why it is better to pay lumpsum.                In case on monthly payment  the payment can be stopped right once wife remarries.                Will sumpsum means less amount in long run or something? ~tony

^^^

What if wife wont remarry and goes in for a live-in relationship? ;)

Hi Sujay,

 That is a possiblity nowadays as live-in relationships are not considered as a taboo.

 But it is a risk wife is taking and in cases where  wife  is seeking divorce because she is having an affair

 there is a good chance that a marriage will happen soon.

I think thisthe finacial advantage of lumpsum/ monthly alimony hast  to be considered on a case by case basis.

 Again if wife asks for  an amount which is more than to  10+ years * monthly alimony .

 It is better to pay monthly becasue you can  put that amount into bank and pay her monthly

( considering inflation too)