Krishna Kumar (Business) 17 October 2013

Wife filed crpc 125, and quit the job intentionally

Hi,

Wife left my home in four months of married life as there was misunderstanding between us. We tried to get her back for 1.5 year, no response. Then I filed divorce petition. First hearing happend by 2 years of separation. Now we are separated for 4.5 years

In the mediation, she did not accept to come back or not accept for divorce. But in out side of the court, she talk to me for settlement with huge amount which I am not affordable. She filed Crpc 125 now, court hearing in next week.

I came to know she left the job intentionally, and I am not aware of where she was working. She is an MCA, was working in Software company while marrage. I want to know because she quit the job, do I need pay maintenance. How to reduce the maintenance.

Another query is, my friend told - filing Crpc 125 is to get interim maintenance and not for permanent maintenance/alimony. Pls let me know if it is true, will she again file case for permanent maintenance/alimony.

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 October 2013

when relation is admitted, you have to pay the maintenance. It is better to go for one time settlement, because monthly paying maintenance some times it irritates. So one time settlement is better.

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fighting back (exec) 17 October 2013

dont get tensed, prima facie, if you cant prove that she is working at the moment, or if she has money, then in the interim, you will have to pay maintainence, there is no escape from that.

once you start paying, then in the later stages of arguement, you can put forward your point about her high qualification, her degrees, and past work experience, you can also rely on the following judgement by a delhi court.

saket_damanreet_kaur_vs_indermeet_singh

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Samir N (General Queries) (Business) 18 October 2013

Hope you have filed divorce on desertion too. If not, if two years have passed and she refuses to join, you should do so.

Refusal by wife to join you will be a very difficult hurdle for her to cross in seeking maintenance.

As for intentional quitting, it is simple to prove. Get the Court issue a summons to the HR manager and let him produce her resignation letter or confirm what actually happened.

She can file for maintenance under multiple Acts and sections and in many different Courts and in most likely hood she will. Get ready for a long fight but the fight is lost if you are scared of all this. You should use all kinds of tactics in the book to go on the attack. Get anyone and everyone summoned to these COurt proceedings who are directly or indirectly close to her. Her father, brother, etc. Find some legally sustainable reason to do so.

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Krishna Kumar (Business) 18 October 2013

Thanks firsting back,

I got the judgement and will check.