Wife framing me into false cases

Question

Wife framing me into false cases

12-Oct-2023 (In Family Law)

I have a daughter she is under 5 yrs age & my wife cruelties are above any person, she has filed for maintenance and dv & no other cases from my side or her & if i die by any means wheather it’s a heart attack or whatever before applying divorce than is she still able to harass or case on my old parents or get any alimony or maintenance or property from my parents, although I don’t have any property registered on my name, please need only genuine ans, I don’t need any counselling

Answers (4)

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.

Report abuse?

Connect with top Family lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Adv. Shivam Chaudhary Adv. Shivam Chaudhary

Delhi | 50+ Answers

Chat CONTACT NOW

Advocate Maaz Akhtar LawRato · Accepted Answer · 2023-10-12T14:26:02+05:30

Answer #2

1. If your wife is proven wrong, her case wont sustain. 2. If the case against you is blatantly a concocted story, then the case can be dismissed altogether by moving an application to quash the case. 3. If your wife fails to substantiate the allegations so made against you, you can file for divorce on grounds of cruelty and further she wont be given maintenance.

Helpful?

Adv. Maaz Akhtar Adv. Maaz Akhtar

Delhi | 100+ Answers

Chat CONTACT NOW

Advocate Kunal Sinha LawRato · Accepted Answer · 2023-10-12T18:55:47+05:30

Answer #3

The courts look at the Income Affidavit of both parties. Based on the same they make a judgment on the amount of maintenance. If the daughter is in the custody of the mother then her maintenance will also have to be taken care of. A young child has her mother as a natural Guardian below the age of 5. There are instances when interim maintenance to the wife can be denied. Such as, when she is earning well, she left the matrimonial home on her own accord, subjected you to cruelty or had an extramarital relationship. The wife will have a right to stay in the matrimonial home and claim maintainance irrespective. Maintainance ends if the lady is remarried.

Helpful?

Adv. Kunal Sinha Adv. Kunal Sinha

Delhi | 200+ Answers

Chat CONTACT NOW

LawRato LawRato · Accepted Answer · 2023-10-15T17:39:08+05:30

Answer #4

I can understand your query and it is advisable that you apply for a divorce. Apply for a contested divorce and fight for your rights. it is advised that you should fight back before anything untoward happen to you. May you have a longer life but this kind of marriage should be avoided at all cost

Helpful?