Legal Question in Family Law in India
I was married on 28.5.2010 and had lived with my wife only from 31.5.2010 to 3.6.2010. Since then my wife had lived in her parents house and was working in a Bank with a salary of 10000 per month. She was working in the same bank before marriage for 3 years. After marriage, she refused to come to my place and started harrassing me by telling so many lies. Even her parents and her relatives harassed me for 6 months and hence on 06.12.2010 i applied for divorce under cruelty. My wife continued to work in bank until June 2011 (last time i know information) and in augus 2011 she has filed a case for maintenance under Cr.pc 125 in her native place. Her native place is not the place she has been living for 20 years and working in bank. Her bank job and education everything happened in city x but she has filed it in city z, far from city x.
Pending my divorce case in city x, city z court has allowed her petition for maintenance.
My query is:
1. Whether that case is maintainable for want of jurisdicction, she has been working and is cabable of working. I want to fight case for maintenance in city x rather than in city z (where her relatives have stronghold).
2. She claimed maintenance of Rs.15000/- saying my salary is 70000. Can she claim any maintenance being capable of working and had been working and earning for 5 years?
3. I live in state capital where expenses are very high. Also, i have loans under my name which i took before marriage. Will court consider those loans EMI i have to pay each month before awarding maintenance? If court awards Rs.15000 to her, i cant survive, with the loan emis and the cost of living in metro. What argument can I put to court to disallow maintenance to her.
Your quick reply with case reference would be highly appreciated.
4 Answers from Attorneys
When you are in a thick soup ,why dont you engage a good lawyer to save you from this harassment at the hands of your wife. Anyway answers to your queries are herein below for your perusal :-
1) Yes
2) Yes but you have lot of legal point to urge and argue before court ,before the court passes any order on the application u/s125 Crpc.
3) See answer 2) mentioned above.
1) Yes
2)you could defend by hiring a good advocate
3)approach a local good advocate with full case history
she can claim maintenance even though she is capable of earning but is not earning. you cannot choose the state or the jurisdiction as it is her prerogative as per law. she can file the maintenance suit where she is living or working for gain. as far as your loans and other costs are concerned, they will be considered at the time of deciding her maintenance application.
she is entitled for maintenance from the place of her choice.
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