Legal Question in Family Law in India
My wife has no source of income. But her father is a Railway serviceman & getting a good salary an amount of Rs.35,000/- to 40,000/- from Railway department. At present my wife is leaving in her parents house since last year. She lefts me & her matrimonial house on 25.08.2012. Her father has sufficient means to maintain her daughter. He has only daughter & a son. Sir I was working under a contractor as a daily basis labour & earning an amount of Rs. 3,000/- pm(I have also taken a labour certificate showing earning income). But now I have lost my job due to mental problem & I have suffering heart disease. On the other hand, my mother is a regular patient, due to her backbone band she can not move. My father is a patient of high blood pressure both are 60/75 years old.(I have also the all medical prescription report with me)
But in her written statement she has shown that I am a Railway contractor, having computer supply in Rly. Deptt. She has also shown that my monthly income is more than Rs.1,00,000/- per month. (It is 100% false, baseless, they can�t prove it. I am sure about it). In her final written statement she mentioned that she will not divorce me & wants to stay in her parents house & she requires Rs.50,000/- only as cost of litigation & also a sum of Rs.15,000/- pm as maintenance pendent lite U/S 24. But I want to divorce her. It is not possible to live together.
They also filed another petition against me, U/S 125. In her petition she requires Rs.15,000 pm for her maintenance. Sir for the cause of hardship proper care & treatment is not possible till date. So it is not possible for me to bear the maintenance U/2 24 & U/25 which is mentioned above.
As I have lost my job also. I am a poor boy. My economic condition is very bad.
Sir is there any procedure to stop maintenance charge? I want to stop maintenance. Sir please suggest me. Pls. save my life. I am facing a lots of problem for poverty.
1 Answer from Attorneys
you have married her and she is your legally wedded wife as per law it is your responsiblity to maintain her and not that of her father. please pursue the litigation seriously and not with the intention to defeat the claim of the wife. if you want to divorce her do so but you will have to pay her the maintenance.and ailment of your parents may not help you much. there is a supreme court judgements in terms of which you will have to file a detailled affidavit about your income etc.
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