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Ashok (Software engg)     07 October 2013

Worried for amount i need to pay every month

Hi , This is ashok my wife filed 498A ,i filed RCR when she left , Now she has filed DV case.

I have having 67000 salary with basic of 31000 and having flat in bangalore On LOAN 

My Question is that

1. HOw much Amount i have to pay per month to my wife?

2. I talked to one of HC lawyer ,he said they are many section from which you wife get money .its not only DV act.

so is it ture? apart of 125 section is their any other act at time of DV or at divorce which will ask money from me.?

3.is it right decision to sell out my flat now and leave job and go to native mumbai and show that i m not working?

4. HC lawyer say she could ask for profile from your Property? is it true  she could ask for share in my flat to court?

 

I completly block dont know what it right decision, right path 

 

pls pls pls let me know what to do now?

 

Thanks,

Ashok



Learning

 11 Replies


(Guest)

1. HOw much Amount i have to pay per month to my wife?

 

Opinion: The maintenance to wife depend's on the income& liabilities,social status,anychild,chances of re-marriage after divorce,duration of marriage,the lineancy of husband on maintenance case,biasness of judge,crookness of lawyer etc. and this element's goes on vice-versa basis.

A rough caculation is 25-40% of the final derrived income after deducting all expenses and liabilities of husband.If her wife is social parasite and can't earn anything other than sucking the blood of husband by straw given by Biased-Law.:/

 

2. I talked to one of HC lawyer ,he said they are many section from which you wife get money .its not only DV act.

 

Opinion: Your lawyer seem's very inteligent on this type of cases....but don't take him as granted as ever.

Yes there are following leg's of parasite's:


1. 24 HMA

2. DVA-2005

3. 125 CrPc

4. 18 HAMA

5. 25 HMA

so is it ture? apart of 125 section is their any other act at time of DV or at divorce which will ask money from me.?

 

Opinion: If divorce is running then 24 HMA will simultaneously run as interim maintenance case.

If DV is there then in that U/s 12,20,22 DVA 2005 may go on..

 

3.is it right decision to sell out my flat now and leave job and go to native mumbai and show that i m not working?

 

Opinion: If you will do the such coward act then you will be in long term loss...


Dude,, don't act merely on assumption's have a right strategie before you jump. Selling your flat will not lead you bank balance or what? then you will ask do she have right on my Bank balance or FD???

So,don't sell your shelter and even ruin your the source of your bread and butter. If she files maintennace case also then fight with tooth & nail.On this forum There are number judgement's i have posted where maintenance were denied to wives,just read them and get acquanted wilth legal knowledge.

 

4. HC lawyer say she could ask for profile from your Property? is it true  she could ask for share in my flat to court?

 

Opinion: There is no such law right of the moment....

And even when IrBM also get enacts in future then minimum 3 year's of seperation is needed on the account of irrv. break down of marriage to claim such relief by wife. And anything beyond constitution is thrown away by our Honb'le SC judges so don't worry on that also. It's not so easy to take share of immvl & mov property through IrBM, This IrBm still need president's consent.

P.S: Plz read past 6 month's queries related to your case on this forum and get legaly through with all sort of women & child law's,crpc and cpc.


Best of luck.

1 Like

Ashok (Software engg)     07 October 2013

Thanks Sir.

But right now new law coming by this nov 50% share in husband property

that why i scared.

https://articles.timesofindia.indiatimes.com/2012-05-18/india/31764519_1_mutual-consent-hindu-marriage-act-share-in-marital-property

please tell me solution for this law?

 

Thanks,

Ashok

Raja_498a Victim (Manager)     07 October 2013

Parliament has not yet approved . So don't worry. It also depends on Number of years of marriage, kids etc and also reason for divorce.

If 50% is to be given to women after marriage, women will misuse the law (already they are doing in 498a and DV).

 

So don't worry at this point. She cannot directly claim ur property. You are only liable to maintain her. If she is working no maintenance to her.

Burden lies on u to proove.

fighting back (exec)     08 October 2013

why did you file rcr when her motives are not good? its like inviting the devil back to your house?

what is the status of the RCR case?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2013

Dear Ashok

No need to worry, this bill has been passed by parliament but President consent & notification process is pending so at present she is not entitled to get any share of your property. what are the main dispute between you it is very important to know for best advise.

the wife can claim maintenance u/s 125 of crpc, under Domestic violence act, under section 24 Hindu marriage act (if the parties are hindu),Under Hindu Adoption & maintenance act, under special marriage act if the marriage solemnized

fighting back (exec)     08 October 2013

@nadeem sir, ...as per your reply ' bill is passed' however as per my knowledge the bill is yet to pass the loksabha.....request you to kindly confirm if your view is correct on this or mine.........

Ashok (Software engg)     08 October 2013

I filed RCR to get benefits in DV and 498A Bail.  Now 498A is executed and because of RCR we got Bail.

Mere dimag main ye sub law padh ke chemical loccha ho gaya hain... 

10 people says 10 different think.. 

i contact Mr Rajesh Vakraia. who is head of SaveMyFamily Community and working on this bill.

he said boss bill will pass in next 3 month so immediately sell flat. 

here you all lawyer ppl saying their won't be any prb..so what is right ?

 

Thanks,

Ashok

Adv k . mahesh (advocate)     08 October 2013

the women's bill was already discussed in rajya sabha and now it has to see the face of lok sabha after making some changes in the bill then it will go to the presidents approval and in above query the maintenance is based on the life style and the salary while she was staying with husband and with this criteria only judge will analyse the payment of maintenance to wife 

about selling the property and staying in your native village without doing job means will effect you again some times judge will consider your last job salary and decide you to pay the maintenance if wife can prove that she cannot maintain herself 

Ashok (Software engg)     08 October 2013

But case here like that she stayed only feb2012 to July2012 in rented house

and this jun2013 come within 8 days she left place. entire year she was with her mother only.

in dec 2012 i shifted to new home.

 

any benefits of above 1yr stayed in her mother place?

 

 

Thanks,

Ashok

Adv k . mahesh (advocate)     08 October 2013

right now the parliament session will not be there but in winter session that is after valentines day febraury the session starts till then you have chance see more answers will follow till then 

Adv k . mahesh (advocate)     08 October 2013

nothing and even you have to provide her house also if she wants residence status through court again one more thing 


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