My wife left house around 3 months back and never wanted to come back. She was persuaded and motivated by her family members to do so. She earlier told for mutual divorce. later when my parents spoke to her guardian they agreed to it but later she refused and is asking for maintenance and she and her lawyer threatened me that if I don't pay they will file DV case against me and do nasty things. She is working and my salary is only slightly more than her. Also i have my parents who are above 60 years of age to take care and we are not in position to pay maintenance.Is filing a case of mental cruelty the best option. If yes, how much time it would take for her to receive the notice from court. If we file the case first what counter measures she can take. She is threatening to put false allegations on me.
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Please file a compliant with the police stating that she has left the house. Send her a notice through registered ad asking her to come back.
Based on above advice, you may file for divorce on the ground of desertion, cruelty and harassment. She cannot claim maintenance as she is a working lady. You would need to gather proof that she is earning based on evidences.
thanks.
Maintenance would not be problem here but any action from your side would have a reaction from her. The apprehension is that if you file a divorce petition, or a petition for restoration of conjugal rights, she would get an advice to file a counter case under section 498A of IPC. Further you said that she does not want to consent to a mutual divorce, it may take years to get rid of her if she contests the same. Wait a while and try to get evidence to defend any apprehended false allegations against you. You have not mentioned the reason for her hostile behavior. If there are no serious differences try to reconcile with her.
you have stated that your wife is working and drawing decent salary . number of judgement on issue that working wife wont be entitled to maintenance . refuse to pay her maintenance . send her letter/emails to return to matrimonial home .
you can also file for divorce on grounds of mental cruelty . on filing of case your wife shall receive notice within period of 3 months . as a counter your wife can file DV/ 498A cases against you
I fully agree with mr. Sethi
I will advise first to try what Mr Thukral has suggested,if it fails other legal ways are available as mentioned above.
Anil Gupta
Delhi,[deleted]
1. Your wife is not entitled to maintenance if she is working. You can successfully defeat her claim to maintenance if she files it.
2. You are free to file for divorce against her on the ground of mental cruelty, but it will have an equal and opposite reaction from her as she may reciprocate by filing a case for prosecuting your for dowry harassment, etc.
3. So make an informed decision as to the legal recourse to be followed by you. Discuss your case personally with a lawyer, if need be, and then decide what to do. A haphazard legal action always has the tendency to backfire.
Dear Querist
you can file a divorce caseu/s 13 (1) (ia) if you want divorce from her, if not then send a legal notice or file a RCR case u/s 9 of Hindu Marriage act, if the marriage is solemnized as per hindu law.
she can not claim maintenance if she is able to maintain herself and there is no sufficient reason to left your company.
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