Wife asking for maintenance ₹100000 per month under sec125
16-Feb-2023 (In Divorce Law)
Hindu religion. my second marriage, i got mutual consent divorce in first marriage as the first wife stayed for only two months and she wanted to part ways. I got second marriage in mandir, no demands of any kind, the second wife gives whole salary to her parents. With small talks, get angry and says will leave me and go back with no reason. Many times booked cab at midnight . her parents are out of delhi. She went to parents in aug, after 20 days i went to take her back. She poured hot tea on herself and suffered burns in her parents house before i reached to take her back. I took her back nd took good care of her, but her nature of fighting on small issues did not stop. Again in nov, her parents came and took her, no fight at that time. The parents just said we want to spend some time with the girl. After that her parents never called me or my parents. My father got a stroke and was hospitalised in icu for 15 days. That added to a lot of financial expenditure. she wants maintenance
Hi,
You should immediately consult a lawyer having expertise in matrimonial cases and discuss further course of action. In case you have already received the summons from the family court you need to file an appropriate written statement / reply putting forth your case. In case she has deserted you without any rym and reason and she is a working women she will not be entitle to maintenance as sought.
to maintain a wife is the duty of a husband, but this right is not exhaustive and a husband can not be blackmailed over the laws available to the wife. it is the duty of the wife to be with husband and give him companionship of a partner. These days people are taking advantage of the laws available to females but the courts are not blind and right legal help can save you from the tortures.
You have two options;
1. File Divorce on the ground of Cruelty, if you have completed 1 year in this marriage. Or
2. File a Petition for seeking restitution of conjugal rights.
To have complete understanding, you may contact me or any lawyer to give you best option as per your facts and circumstances of your case.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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