sameer (v) 02 November 2010

Wife asking divorce & heavy amounts as well

Hello All Respected People,

I just joined this forum but have been reading the posts here for a while. I am sure that someone will definitely help me in my case.

I am trying to put all my facts straight here.

I have been married since Jan2007. My wife left my house before 6 months of marriage along with all her belongings. Since then she has not shown any intension to cohabit. Her relatives have visited me 2 times and I told them that she can come if she wish to. I have even paid for her mobile number expenses till Mar2008 even though she was not with me. I was hopeful that keeping this channel of possible communication alive may help.

Whenever any communication happened, I told her to come back, but in vain. Hence, in Feb2008, I phoned at her place and spoke with her father, telling that I do not wish to continue this relation and I am open to talk if he they approach. Nothing happened there after.

I have even tried to talk to my friends (turned our common post marriage) about talking to her in Feb2010 (2 yrs after I last spoke). But, I got no response here as well.

In May2010, however, I received a notice from the family court asking for a divorce. They have made many allegations all trying to show cruelty and mental torture. Of course, none is true. They demanded huge alimony stating she needs a house of her own and another huge monthly sum towards the maintainance. My income is much respectable yet I have dependent parents, housing loan, unmarried sister et al.

All through counselling sessions so far I have stated that I am ready to take her back but not ready to give divorce. She is insisting on having a divorce. We have no kid(s).

Please guide.

Reply Follow

5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 November 2010

Any how she has asked for the divorce so whatever you wanted you got. Regarding claiming of the maintenance it is the duty of the husband to maintan the wife even after divorce. Divorced wife is entittle to claim the maintenance. So you have to pay. Only you have to contest the case to aovid the awarding of heavy maintenance. You have to file an objections stating your all problems.

There will be a conciliation stage in the divorce proceedings, if it fails then divorce will be granted. If your wife is ready for lumsum amount it is better to make a compromise for lumsum amount and get rid of her.

1 Like

(Guest)

Mr.Sameer if you belong to Muslim Religion and have u got married according to Muslim Marriage you will not be in the loop of Maintenance as she will fully withdrawn from the Wedlock.Indian Penal Code will follow the rules of Mulim Marriage Act.( Which is not inclined towards Hefty Amounts to be paid as Maintenance or Alimony ) Discuss with your religious heads on this issue for best advice You have to pay 3 months of Alimony thats all provided you are a Muslim.If you are not a Muslim and you are interested to get your wife then you can file Restitution of Conjugal Rights with all the conditions of how should she behave when she is back to the Matrimonial Home you can talk to your lawyer and file the suit on her.She has to give genuine reason's why she left the home and why she doesn't want to stay with you.If she cant satisfy then she will be awarded very less maintenance.No court gives any decision with our a proper reason or proof.

Note : Practicing Lawyers Please correct me if i am wrong at my statements.

Regards,

Mallik

sameer (v) 03 November 2010

To clarify about Mallik's point : I am abided by HMA.

Thank you Mallik for your suggestion. However, I have some questions :

You said "She has to give genuine reason's why she left the home and why she doesn't want to stay with you. "

All the allegations that she has made in the statement are pointing to cruelty through mental torture. None of that is true. She has even said that I beat her sometimes which is another lie.

My question is: how can these points be asked to prove / proved in court when if at all, all that has happened, there was no witness or recorded proofs for her. (yet she went ahead and made those statements). i think neither I nor she can prove that anything of that sort happened or not!

In that case, will the court grant divorce? If yes, how?

If divorce is granted to her, how will the intereim and regular maintainance amount be decided?

She has even demanded a lumpsum towards buying her a house. Will that stand apart from monthly maintainanace?

1 Like

sameer (v) 03 November 2010

Thanks a lot for these citations '498AVictim'.

In my case : #1 our cohabitation lasted less than 6 months #2 we do not have kid

#3 she is well educated but does not do a job (may be on purpose to show lack of income)

#4 Moreover, she has made allegations in court that we drove her out of house and she does not want to return due to mental and physical torture she has undergone. Although, nothing of this point is true.

Hence, I am clueless about how either she or me going to prove anything in the court !

Even if the court finally grants her a divorce, how am I going to reduce the burden of the heavy maintainance amount that she has asked for? I assume that I may even be penalized up to 30% of my take home pay p.m.. Is that right?

Saurabh Kumar Gupta (Lawyer) 04 November 2010

Dear

You must stick to one version only that, you are interested in cohabitating together and you persuade the court to direct your wife to bring evidence of one such incident and witness as well on the specific date, on which she is alleging to have the incident occuerd. As she will fail in her evil design, then the court will then decrre the divorce petition without any permanent alimony and it is pertinent to mention here that under Indian Law, husband is bound to pay maintenance to her wife even after divorce.

So you should get away with the litigation and do take the help of any good lawyer in your city.