Legal Question in Family Law in India
How to avoid paying heavy maintenance to my wife?
I am a Delhiite and have been accused of 498a, 406 by my wife against me & other family members. My bail matter is pending in the High Court, our bail was rejected in the lower court Rohini District Court as we refused to let Rs 4.25 lacs given to my wife. This amount was mistakenly quoted by our first lawyer as a surety in lieu of dowry articles list submitted by my wife of worth Rs 60 lacs which includes gold jewellery worth Rs 25 lacs itself. The observation by the lower court was that the dowry articles returned are still not sufficient as against the list submitted by her. However it was then that we got the bail rejected from the lower court by showing our incapability to deposit this amount for no good reason. We further applied for a fresh application in the High Court last year in june 07 where we agreed to deposit the amount in the court in favour of District Court Registrar also with a condition that
this amount will be a part of . However, thereafter the judges have not turned up in the following hearing days and the matter is lingering on, it is to be heard next in March 08.
Now after giving you a little brief on the matter - the purpose of writing to you is that I have a maintenance case hearing in the month
4 Answers from Attorneys
Re: How to avoid paying heavy maintenance to my wife?
There are ways out which cannot be answered here. so kindly ask your advocate.
Re: How to avoid paying heavy maintenance to my wife?
Instead of wasting energies on fighting this case, you should better try to reach an out of court settlement with your wife on payment of a lump sum amount; the litigation will in any case prove most expensive and time consuming besides bothersome.
Re: How to avoid paying heavy maintenance to my wife?
Such conditional orders are bad in law.Dowry case and maintainance case are different so payments made by you in dowry case are not liable to any adjustment in maitainance case/claim of your wife.In case of need contact with details.Professional charges are applicable.
Re: How to avoid paying heavy maintenance to my wife?
I would strongly suggest you not to waste your time and move a out of court settlement by paying your wife a lumpsum amount. The process by the way of litigation will cost you a lot.
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