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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
Answers (7)

Answer #1
708 votes
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.
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Answer #2
818 votes
hello client aa you are saying the nature if your wiffe is very voilant it means . this needs to take care very carefully as i am of the view that you are going get trap again in the net if marriage cases so you nees to take urgeny legal steps to save yourself.
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Answer #3
875 votes
Sir, there is no liability of husband to pay maintenance in case wife is staying away without any sufficient reason. Further, if you are interested to continue the marriage , you may file for restore the conjugal rights.
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Answer #4
570 votes
Good Morning sir. on what basis she is claiming maintenance. I have read your issue. but to assist you I need to know more facts about your issue. so it will be grateful if you will contact me back so that I can help you out. Thankyou
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Answer #5
696 votes
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.
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Answer #6
522 votes
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.
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Answer #7
868 votes
You can give her notice or file petition under Section 9 of Hindu Marriage Act. Meanwhile, need to reply to her application of maintenance citing reasons of Expenditure faced by you due to the current situation. If you need further assistance, you can contact me.
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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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