what is the issue between you and your wife,why she does not want to live with you
Hi Sir/Madam, It's been a year since we are married and we have a baby girl just born. As it looks like laws are women friendly(in terms of property share and maintenance), my wife wants to take advantage of it and trying to file a divorce. Currently my wife is with her parents and had done post graduation, she is not currently working but if she works can earn 45K/month. I discussed with my wife with love to get her away from this divorce maintenance thoughts, but it didn't work. If she files divorce or maintenance, I am not ready to pay even single paisa of maintenance, why should I if I am correct, sincere and committed towards relationship? Is there any indian law that supports me? If not what is the solution to this problem? Thank you very much.
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why yourr does ot want to stay with you. you can file RCR under section 9 of hindu marriage act
if your wife wants divorce better do it by mutual consent . if it is not possible to arrive at an amicable settlement let her file for divorce . you can file RCR under section 9 of HMA .
you have not mentioned whether your wife has ever worked in past . merely stated that she is not working now . . you have merely stated that she can earn Rs 45,000 per month . in addition you have not mentioned your income . various factors are taken into account by court while awarding maintenance . in absence of these details we cannot guide you
1. If you do not want to pay maintenance then explore the possibility of divorce by mutual consent. If there is no consensus then she may unilaterally file for divorce, whereupon you will get an opportunity to defeat her claim to maintenance and divorce.
2. In addition to above, she may also apply for custody of her child.
3. Among other factors, her qualifications and any previous employment will be taken into account by court before deciding her claim to financial support.
Hi Sir/Madam, Thank you for your valuable suggestions. She might try to file divorce unilaterally(as she can benefit from that). She is a dr and was working in state government sector and used to earn 35k/month. She resigned job after marriage. She was trying to make relationship with her old male friend being as a wife to me(though I don't have any proof to show regarding the same). After I got to know about this, she was not able to take this and was looking for a divorce by knowing about law women friendly. I also have a self owned property(with my hard earned money), I am worried if I need to give share from my property? If she files divorce, I got to know that laws are more women friendly after cabinet bill, is there at least >60% chance that indian law supports "genuine men" in avoiding total maintenance charges and share of property?? Thanks a lot.
1)she wont get maintenance as she is a doctor and was working in past .
2) you will have to pay maintenance for the child
3)in case your wife files Dv case she will claim right to stay in matrimonial home . better sell your house standing in your name
Hi Sir, Once again thank you all for your valuable suggestions. My hard earned home is located in some other state, until now even my wife haven't seen it nor she visited that home until now(as it is rented by some one else). Still can she claim right to say in that home? If yes, as you suggested to sell, can I sell it to my brother? If yes is there any chance that she can fraudulently claim for that house through any legal loopholes(as it is sold to my brother)? Just wondering how much maintenance could it be for a child? Your help is really appreciable, thanks again!!
1)what is your income ? without knowing your income we cant say how much maintenance you will have to pay
2)the matrimonial home in your case would be wherein she last resided with you . your wife can claim right to stay in matrimonial home or demand alternative accommodation .
3) i have advised you to sell property standing in your name . dont sell it to your brother .
Hi Sir, 1. My income is 95K per month. 2. We resided in rented house right from my marriage. Still can she claim for my hard earned house located in other state? 3. Currently my property doesn't have any demand. I have to sell it for less price, hence I am thinking it to sell it to my brother and sister, so that at least they are benefited of low price. So I cant sell property standing in my name even to my sister(married) due to legal loopholes, correct? Again thanks a lot sir!
1)50% of your salary as maintenance
2)she can claim from your property also.
3)if you sell it to your sister or any relative then a new issue will come that you have sell it your relative for less price which could have been sold at higher price in market.
Hi Sir, Thank you for your valuable suggestion again. 1. Considering my wife profession and her previous work, still 50% of my salary as maintenance? 2. Atleast can I sell my property at higher price in market to my sister or relative? Thanks a lot again.
1) no you wont have to pay 50%of your salary as maintenance . your wife is a doctor by profession . hence no entitled to maintenance
2) at most you will have to pay Rs 25,000 for maintenance of your child .
3) if you dont want to sell your property dont sell it at a loss . keep it . if you sell to your brother / sister and they dont return the property to you after case is over you may be at great loss .
Hi Sir, Once again appreciate your suggestions sir. If I have assurance that my brother/sister returns the property once the case is over, can I sell it to my brother or sister? (or) is there any legal loopholes to claim on my property by my wife if I sell it to my brother or sister? Thanks again!
in life there are no assurances . in many cases you find brothers and sisters fighting like cats and dogs for property . it is your call . if at all you sell to your brother or sister see to it that money is received by cheque only in your account
that is your decision ,even you sale your property to sister ,then also keep in mind that you will have to shell out some amount for your wife for alimony from the amount which you receive
1. If she is a doctor and was working previously then she is not eligible to get maintenance. She has good educational qualifications and can support herself financially by resuming her medical practice.
2. She has no share in your property. The new proposed law has not been passed yet. So let us not talk about it.
1. She has the right to stay in your house.
2. As the legal owner of your house you can sell it to any one you desire including a total stranger. By no means your wife can question your right to sell a property the ownership of which is with you alone.
3. Amount of financial support which can be ordered for the child can be anybody's guess. The least I can say is that amount will be real and not exorbitant.
1. She cannot claim your house in the other state. Even right to entry therein cannot be sought by her.
2. As I have said, you are at liberty to sell the house to any one including your brother or sister. It cannot be questioned by her.
1. 50% of salary cannot be claimed by her. Since she is a doctor she will not get any maintenance.
2. You can sell the property to any one at any price you desire.
Some loopholes are always present in every law. It is for your lawyer to maneuver them in your favour.
Hi Sir, Thank you all once again for your valuable suggestions. I am little bit confused, to confirm if I sell the property either to my siblings (or) strangers, by any chance my wife cant even claim for paisa from the amount I got from the sold property, correct? Also to confirm my wife has no right to claim for the property which is in other state(to where she haven't visited even once), correct? Thanks a lot all!
1) if you have the house in your name then she would have right to stay in said house . once the property is sold you wont have any damoscles sword hanging over your head .
2)she wont be able to claim the amount you receive from sale of property as you were the sole and absolute owner of the said property
You are at complete liberty to sell the property in your name to any one you so desire,. Your wife has no right to claim a penny from the sale proceeds. The right of an owner to sell his property cannot be made subservient to the desires of any one else.
Thanks a lot for your valuable suggestions. If at all if I am not selling the property which is on my name, is there any right for my wife to claim for the share in the property?
I am thinking to sell because I am afraid that my wife will claim for the share, is that correct? Thanks a lot.
thanks for your appreciation . we have already advised you wife has right to stay in property . you can sell the property as advised to you
Thanks sir, I am in the process of doing that. I want to have lovely life with my wife even now. But my wife was trying to break this relationship intentionally(as mentioned earlier). You have mentioned earlier that I have to pay some maintenance towards child. I was wondering is there at least single line in Indian law that can protect me from this child maintenance? With frustration "Why should I pay for not doing any mistake?" Isn't this unjustifiable? I was just wondering is there at least a way to reduce this maintenance towards the child? Thanks a lot again!
no you are bound to pay maintenance for your child . it is the responsibility of both parents to maintain child if both are working
Thanks a lot again sir! I was wondering, If husband lost the job during divorce, do he still need to pay maintenance for child? Because I heard due to all false cases from wife as revenge, husbands are losing job and it looks like there is tremendous effect on the career too. Even in this case do husband need to pay child maintenance, if he doesn't have money to support himself? Thanks.
your income is Rs 95,000 per month . even if you lose your job you will have to pay maintenance for your child . you can with your qualifications get another job . you can make application for modification of amount to be paid as maintenance in case you loose your job
Thanks again sir! I was wondering If one couldn't find job after losing it, from where one can pay maintenance to their child? Isn't there any law point that helps? If law doesn't support can I know how much maintenance it can be considering above points?