Legal Question in Family Law in India
My wife has filed the restitution of conjual rigts in 2009 after she left the house.I agreed for
the restitution of conjual rights in first hearing.But she did not return back and
She dragged the case for two years and now she withdrew her petition.she is saying he made the
submission to take back is only in court but never acknowledged truely.
simultaneously she has filed the domestic violence case in 2010 against me and my family members saying lot of false allegations and asking maintance.But till now she has not filed any evidence.
Now she has filed the separate maintance case under section of 125 crpc and asking huge monthly maintacne. Now i am unemployed and do not have any income and assests.
question
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1,whether i have to pay maintacne for her?how to tackle and avoid this?
2,How to finish the domestic violence case?They are dragging the case for 1 1/2 years.
3,whether again shall i ask her to come and join with me in crpc 125 case also?
3 Answers from Attorneys
1. Yes, you need to pay maintenance.
2. You may approach the High Court for a direction to expedite proceedings.
3. It is better you approach her and try for an amicable settlement.
Amicable settlement is the only solution. She seems to be upset with your unworthy behaviour and does not believe you. Go for mutual divorce and finish all the cases/ Have reconciliation and live happily without the interference of you family members, that is what she wants.
Compromise or face the music... No other way