Prasad (SE) 10 September 2012

Wife is demanding 1 lakh/ month for alimony, blackmailing me

Dear experts,

I have filed divorce petition in Pune because of my wife's cruelty towards my parents and me. She and her mother is trying to make me separate from my parents. My parents are aged and I have to be with them.

But my wife was fighting with my old mother many times unnecessary. I have a 8 months son. After his birth my wife gets out of control and she started hitting my mother. She left my house with my son. I went to police and registerer a missing complaint. After that my wife and her parents registered a wrong police complaint against me that I thrown her out of the home.

After that she went to her father's home (Nashik). We were very much scared, because its the first time I was facing police, and police threatened us of 498 a and demanding money.

We filed divorce petition in pune court. the cpounselling started. There my wife remained absent for 2 times. then I got letter from Nashik mahila police that wife is registered 498a against me. which is absolutely wrong. then when after one week i come to know she taken back the 498a from police.

Now i got letter from nashik, In that letter she mensioned many false things such as :-

I had demanded 15 lakh rs from her father
I had taken 300 gram gold from her father
My income is 8 lakh rs per month, which is not true. In last five years i have not seen 8 lakhs rs per month in my account
She mentioned our property value, the property is belongs to my father and mother. and ye sab unki khud ki kamai ki hain. baap dadao ki nahi .
She demanded 1 lakh rs per month for her and my son's maitanance.
I am earning 5000/ month , But she is blackmailing me.
According to her and her mother, i should leave my parents and should live in Nashik with them, But I refused, because i love my parents and they loves me.
She had mentioned many false points in her petition.

Please help me, I feel like I should make suicide, because she had mentioned my paren't property. and demanded 1 lakh / month for alimony. My income is 5000/-

Please suggest what should i do now.

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 10 September 2012

Demanding is one thing and getting is another.. one may demand moon and stars that does not mean that it is granted. She may have demanded one lakhs towards alimony, but she will have to PROVE in the court that your are capable of paying that much maintainance. She will have to prove your income in the court. Maintainance cannot be claimed on the basis of in-law's property. Also all the allegations regarding taking 300gm gold and demand of money needs to be proved to secure any conviction against you. If they are false, it will not be easy for her to prove all these things. Engage a good lawyer and discuss the case with him / her and act accordingly. Secure AB for yourself and your parents in case FIR is filed.

P.S: Police or mahila dakshata samiti cannot grant any maintainance, it can be granted by the court only.

stanley (Freedom) 10 September 2012

Adv Archana has directed you well .

JANAK RAJ VATSA (ADVOCATE) 10 September 2012

you should obtain the AB for self and your aged parents in pune earliest. all the allegations by your wife of demanding money, gold etc would have to be proved which is not easy. similarly your monthly income being rs 5000 pm and her claim of maint of rs 1 lakh has no meaning. prepare your defence well in consulation with a local lawyer.

Prasad (SE) 10 September 2012

Thanks archana and janak, My one more question is , as i have 8 month son, she may try to stop transactions of my father's property. Mere father ke paas khudki kamayi hui property hain aur kuch property dada se aayi hui. usmese mere naam pe kuch property hain jo mere father ne power of atterny karke khudake paas sare rights rakh liye hain. Aise case me kya meri wife ka adhikar kaise ho sakta hain. Wo mere bete ko aage karke is property pe kya stay la sakti hain. Issr bachnekeliye kya main parents ke sath nahi reh raha hu aise dikha sakta hu? Mere paas wo sare prpofs hain jisse meri wife ne muzpe kiye hue sare aaropomese 70percent aarop main coeain mere wife pe koi case file kar sakta hu ke usne meri badnami karne keliye muzpe zuthe aarop kiye hain.

rajiv_lodha (zz) 10 September 2012

And mention in ur written reply that HER GREED CAN BE JUDGED FROM THE FACT THAT SHE HAS DEMANDED ASTRONOMICAL AMMOUNT FROM THE HUSBAND WHO BARELY MANAGES TWO ENDS TO MEET!