AMIT ANAND (MANAGER) 28 July 2017

Wife left home along with children 10 months back.

Dear Sir/Madam, My wife had left me 10 months ago(married for 8 yrs on February 2009) along with my children(Daughter 7 yrs and Son 5yrs). We have approached them lot of times to bring her back, but she never turned up. Now from last week she is asking for mutual divorce and demanding Rs.25 lacs which is not possible for me to pay her. My wife earnings are Rs.48,000/month and mine is 1 lac/month.I also own 1 house for which I am paying Rs.35,000 installment towards bank loan. I have planned to file case under section 9 to bring her back, if she wont agree then will file a divorce. I require following advice from your side. 1. Do I had to pay her maintenance allowance during the case and after divorce? 2. Do I had to pay her maintenance allowance towards my children? 3. Can I get the custody of my children? 4.. Does she has any right on my house? 5. Can she claim expenses spent by them on our marriage, like jewellery, etc. 6. What cases she can file on me to harass me like dowry case, domestic violence, etc.? 7. Any other advise/suggestions you would like to give me? Looking forward for your kind reply.....

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5 Replies

G.L.N. Prasad (Retired employee.) 28 July 2017

It is too early to foretell. 1If she is an employee then court may not order for such maintenance. 2.Maintenance is linked to custody orders for children and mutual claims. 3.If you want custody you may seek and it is left to court to decide on such custody. 4.If she has contributed her amounts in construction , if she establisher her contribution, she may claim such right, and it is Court that has to consider facts and decide. 5.She may claim every thing, but it is court that has to decide. 6.It is not possible members to assume on what grounds your wife may file a case against you, as she has to follow the advise of her advocate, and normally all these dowry harassment, domestic violance whether real or not will be pleaded. 7.Contact a sincere and honest advocate as he is available locally and may help you from beginning to end in building up or defending the case.

(Guest)

I don't think anyone else other than your lawyer and the judge of the case can tell that you want to know.

Adv Radhika Mehta (Advocate) 28 July 2017

1. Regarding payment of maintenance, it depends on how sucessful your wife is in proving your income and that her own income is insufficient for her own support. If granted, it would be for during the pendency of the matter and even thereafter, unless you and your wife are able to reach a consensus regarding a lumpsm amount. However, if it is monthly then it would be till such time that she remarries.

2. Yes, you have to pay maintenance towards your children.

3. You can apply for custody but unless you are able to prove that she is an unfit mother, the chances of you getting the same are minimal.

4. Not on the title but a right to residency, if she was staying there. Now that she is out, file for Divorce along with injunction under Order 39. The flat, however, will definately be considered by the Court while deciding the quantum of maintenance.

5. She can file but there is no legal provision to recover money spent on marriage.

6. She can file several cases under all legal provisions available to her. You need not worry about the same. You work on your case.