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RAM (Teacher)     10 March 2013

Wife filed divorce-no maintenance in petition and counsellin

Respected and Dear Sir

Greetings. My wife filed divorce case due to the filthy selfish reasons of her parents and brother to live with their family / house. We stayed in her parents house as a tenant by apying rent till our hosue construction is over. Ours is Hindu arranged marriage, no dowry / nothing and infact we offered many things to her and her family. There is no DV or dowry case / issue.  I am a Govt. officer in chennai and I have constructed a hosue on bank loan and borrowing from friends in addition to my savings, with out any help from my wife / her family. We never had any privacy in their house though we were staying seperately on the ground floor. She has not even came to the site and refused to stay in the new house on the grahapravesam day which is mandatory ritual in hindu / any religion. We took it very cool as all this were provoked by her parents to keep my  wife in their house permanantly to take care of them since their married son is totally irresponsible in taking care of them and thier domestic activities. My wife was a software professional but not employed now and we have a daughter - 7 yrs old now, living with her. So we thought once she comes out of the filthy clutches of her family, and once we move to our new house, she & things will be ok and some mediaitions with ealders also done and their parents accepted. After two days, she & her family members thrown my essential belongings out of the house door in the late evening when I came back from office, and they were ubscanded with my daughter and wife to her relatives home. Meanwhile I got a phone call from one of her relative that they are going to sent a legal notice for divorce to me. So, I was almost deserted, as there si no other go   I took my throwned out things and moved to my new house in the late night.

She filed a divorce case immediately on reasons of mental cruely and she has not asked any maintenance in the petition. In counselling also she clearly confrimed that no need for maintenance as she is equally educated and was employed.  In the counselling she could not substantiate even a sigle allegation and behaved arrogantly which the counsellors ahve noted and recorded. During this process, almost all our family members, including my lawyer and counsellors  have begged her to live together, as there is no major issue at all and atleast for the sake of the child,  which was vehemantly refused by her.

I don't know why she has married. If her parents want keep her with them permanantly , why should they do marriage and spoil the life of a boy, after extracting everything from him.    

In our counter also I requested for reunion with out any more interfearence her parents in our matrimonial life. In fact she has undergone abortion of a pregnancy without my knowledge and with the instigation of her parents and I have all proof of that. But I have not revealed this since it will be very hurting to my widow mother and to daughter at a later stage.  I have not been permitted to see my daughter / speak to her over phone since 8 months. 

She has asked only divorce and nothing else at all in the petition and all counselling sessions,  After almost 15 months of pain, we could understand that as she and her family has well planned and execuated this  there is no possiblility of reunion, with the advise of my lawyer I gave my consent for decree with out any maintenance as additional counter and the same was numbered in the Family court also. 

Can she claim any maintenance now ? ( as her lawyer  says, they are going to file Interim maintenace and maintanance for 50 lakhs). But no legal copy given / filed. 

I am prepared to pay a reasonble monthly maintenance about Rs. 5000 /- PM and the expenses for my daughter. I canot pay any more because of bank loan and other dues to be payed to my frineds and realtive 

on my borrowal of money for house construction. In addition I have to take care of my widow, diabetic mother.

I don't know why this happend, except to convince myself that it is my KARMA. 

So just I am laughing at loud..,   

PLEASE ADVISE. 

with great respectes and regards to Indian Law ( for men )

RAM

 



Learning

 3 Replies

Tajobsindia (Senior Partner )     10 March 2013

At the time of drawing up decree in divorce proceedings she can seek Alimony plus after divorce decree also she can lay claim for maintenance for herself / daughter under S. 125 CrPC proceedings.

Better to have consented for Mutual Consent Divorce with terms as in your brief.

However wait for opinion of the Court as the material before Court are numbered now.
 

Manish Udar (www.Mehnat.IN)     10 March 2013

If one partner is asking for divorce, it is a dead marriage. Do not keep a corpse in your house. Let her go.

 

+91 98180 28828

www.mehnat.in


(Guest)

 

COMMENT:

Don't worry Mr. Ram, you wouldn't have to pay her maintenance, because:

She once admitted that, she is equally educated and a Software Professional and she confirmed this fact in counselling too. Her not being employed currently does not prove that she is unable to maintain herself and daughter, she can again get job.

It can be proved that she is living with her parents to take care of them since her brother is not taking care of them and their domestic activities. If she is able to take care of her parents then she can easily take care of her daughter too. A married woman is not supposed to take care of her parents, as a married woman's brother owes duty to take care of parents.

She can't prove any other reason of her staying permanently with her parents except to take care of them, because during subsistence of marriage she also couldn't prove why she left her matrimonial home (your's) and started living with her parents.

I think, she also cannot prove that why she left her job. If a married woman leaves her job to personally take care of her parents and child, and demands maintanance, will be totally unjustified. She can only demand maintanance for her and daughter. It will be unjustified in the eyes of Law that, she is intentionally keeping herself unemployed and demanding maintanance, if there is not other reason why she is not doing job currently.

The Court will also take into account your financial condition and your responsibilities and only then amount of maintanance will be decided. As you are already agree to pay Rs.5000/- pm as maintanance, I think no more maintanance will be awarded to her keeping in mind your condition.


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