Wife left house and now wants maintenance.

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.

Answers (1)

197 votes
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.

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