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Counter case for Maintenance sec125
20-Mar-2023 (In Divorce Law)
Hi, I got married in Apr2013 and we both were working in private company here, no kids. Legal cases started in 2017 in panckhula as it is her native and to harass me to travel. its been more than 6yrs and no respite, they want to satisfy their ego and taking advantage of law favoring women in India. Current situation, Interim maintaince of 10000rs on me eventhough she is earning 75000rs per month and living with parents in panchkula. She has filed Divorce case also in same family court. As a counter I am planning to file Sec9 from my native place. My question is would that help me as she has filed divorce and does not want to live with me and I on other hand files Sec9 that I am willing to live together, on this ground can maintenance be rejected, also should I serve notice to other part for Sec9 or hold it until they get ex-party, will this help if reappeal done in high court. Please advice. Thanks
Hi Sir,
Please understand the maintenance part will not be much affected by your Section 9 petition. There are reasons for the same as the petition will take its due time to get decided. Till the time being maintenance needs to be paid.
Please call for better understanding of your issue.
Thanks
Adv Dr Preeti
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Dr. Preeti Manderna
Dr. Preeti Manderna
Panchkula | 400+ Answers
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Greetings for the day,
In this scenario which has been narrated by you, filing an application under section 9 will serve no beneficial purpose to you at this stage wherein divorce proceedings has already been initiated against you. Moreover, serving a legal notice for the same is also not advisable. The only way towards light in this dark is to fight your divorce proceedings strongly.
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Adv. Deepak Sharma
Adv. Deepak Sharma
Faridabad | 200+ Answers
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Hi, I understand that ur solicitude has reached it's zenith..as ur wife has shown a cantankerous imputation and taken redundant advantages of being a woman and as it's evident ur wife's unquenchable gluttony in perturbing you,kindly contact me as I have an efficacious remedy to your predicament where either I shall get you abstained from giving maintenance or perhaps meager or nominal quantum of maintenance since she imperatively needs to satiated niggardly as per the atrocities she afflicted upon you,I'll make her either amenable to the writ jurisdiction or under 482 crpc whichever after a dialogue with you deems fit
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Adv. Nitanshu Sharma
Adv. Nitanshu Sharma
Gurgaon / Gurugram | 200+ Answers
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In your situation, filing a Section 9 petition may be a good counter-move to your wife's divorce petition, as it demonstrates your willingness to reconcile and work on your marriage. However, it is important to note that if your wife is not willing to reconcile and continue the marriage, the court cannot force her to do so.
Regarding the maintenance, the court considers various factors such as the earning capacity of both spouses, their financial needs, and the standard of living they were accustomed to before the separation. If you can demonstrate that your wife is earning a substantial income and does not require maintenance, the court may reduce or deny maintenance payments.
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Adv. Pushpender Malik
Adv. Pushpender Malik
Jind | 25+ Answers
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