- This topic has 22 replies, 9 voices, and was last updated 1 year, 2 months ago by
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UHello All,
I (31M) have been separated from my wife for the past 2 years. After our marriage, we were together for barely a month before she left home. About a year later, she filed multiple cases against me, including dowry, domestic violence, and maintenance.
She was working before our marriage but has not been working since. We do not have any children. She is now demanding Rs. 1 lakh per month as maintenance.
I was recently laid off from my job and might receive a new job offer soon. We have a cross-examination scheduled in the upcoming maintenance hearing.
I have a few questions and would appreciate any guidance:
Will the court ask me to pay maintenance even though I am currently unemployed?
If I get a job offer, should I take it or will it negatively impact the maintenance case?
Any legal or practical advice on how to navigate this situation?
Thank you in advance for your help.
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CJust one question: was it arranged or love marriage and if arranged, was it through relatives or met on matrimonial or dating app?
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UWhat is your lawyer advising you?
You can claim her prior work experience and working ability to show that she can work. There’s plenty of cases out there where a working woman was denied maintenance. Use that.
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UYes will try doing that!
My lawyer has told me that some maintenance has to be paid monthly the amount which court decides.
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UIf she has worked in the past, and you have proof, there’s plenty of case law that shows no maintenance has to be paid. You may need to change lawyers.
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S>Will the court ask me to pay maintenance even though I am currently unemployed?
Read about [Rajneesh vs. Neha Affidavit. ](https://www.scribd.com/document/713541236/Income-Affidavit-rajnesh-neha)Courts can not ask you to pay maintenance unless both you and your opponent submit this affidavit. This document helps the court understand the overall financial position of the parties. This combined with ability to earn currently helps to decide the maintenance amount. Generally if a person can earn and there are no children born out of wedlock, interim maintenance is not awarded.
>If I get a job offer, should I take it or will it negatively impact the maintenance case?
No it will not negatively impact the maintenance case. Take the offer
>Any legal or practical advice on how to navigate this situation?
Rajneesh vs. Neha guidelines were set in place by Supreme Court of India but the trial of interim maintenance may be happening in a lower court who may not follow it by default. If that is the case, my advice to you would be to ask your advocate to submit a plea such that the lower court handling your case, follows it.
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AWhy do modern Indian women try to be parasites n leeches? Why can’t they just work n earn their livelihood especially when no one has hurt them or asked them to stop working?
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UBrother, i wanna be very honest here! We had our misunderstanding i got angry on her many times and it was a huge compatibility issue. She’s just seeking revenge, she feels she has been wrong done. I apologised i begged their family but still they did not even allow me to have a conversation with her! It’s been 2 years since they have answered my calls or replied to any text. Revenge has consumed them, I wish them nothing but good things!
I just hope I don’t have to pay too much!
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LNAL
Judiciary believes Woman is a Burden and that it is the responsibility of a Man to maintain her. Yes it sounds misogynistic but that’s how Judiciary and Govt. treats women.
From birth upto her marriage, it is the father’s responsibility, after marriage it is the Husband’s marriage, after Husband’s death it is the father in law’s responsibility, after FIL’s death it is again the responsibility of the father of the woman and in the end it is the responsibility of the son.
Since you are the husband, Judiciary will say that it is the sacrosanct of a husband to maintain his wife. They will ask you to do beg, borrow, steal but pay maintenance.
So how to navigate maintenance cases? You need to learn laws and tactics. Join Men’s NGO and start attending trainings.
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RWhere are the mods? You cannot this kind of misogyny on a thread about legal matters. It’s beyond ugly
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LThat’s how law is interpreted.
You may refer to my message where I myself have called it Misogynistic but it is how it is.
Read few judgements related to maintenance and then call me wrong. Husband’s Employment or his wife’s earning potential is immaterial in case of CrPC 125, HAMA 18 etc. Man has to beg, borrow, steal but provide.
MRAs have actively campaigned against this Misogynistic attitude of robbing accountability to earn their livelihood from women and treating them like chattle who ought to be maintained. Sadly no Women’s Rights Group supported them.
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RWell I understand the frustration here with our culture, judiciary etc. But in truth really most Indian women I know just suffer through life. Really imagine being considered unwanted, a burden, someone else’s problem. So many young women come to do domestic work in Mumbai, they send their money to their fathers. They have no financial say not even in their marital homes . Laws exist to protect women from all strata. A few rotten apples that are not representative of Indian woman hood are not the reason why laws exist. Rape is still the most under reported crime in the world. This is clearly not the thread for any hate , it’s for information
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FMam, With respect do not take up the victim card of rape. I don’t say it’s not happening. I ain’t justifying it too. But in my opinion Every single reported rape There is 10s of 100s of DV s and Dowry cases are filed on men.
When a rape case is filed the person who is the accused only taken for his action. But when a Domestic violence or a Dowry case is filed They Purposely add the parents of the groom, sisters brothers etc… Why?
Hope you recently came through a false sexual harassment case filed on coaching class teacher and he spent 2 Years through that hell. Now the women confessed the truth. Who can give his name, goodwill, family, business back?
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RI know I feel great sympathy for everyone who this is done to. It’s not a victim card, we have brothers and fathers as we mothers and sisters. We have a difficult judiciary and police and it’s awful for male or female to be helpless. The question you ask should be answered by a lawyer ?
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