Child Int Maint HMA24: Can Empl wife ask frm Unempl Husband?

HIGLY impressed by husbands drama. ha ha ha. collect proof of her working. i have a judgement favouring u.

mr/miss  swatirswatir

Hi.....

This is not drama .... it's a real story.

She is asking 'interim maint for the sake of kid'

This guy is really bankrupt and b'cos of that only this dispute has occured, please understand it.

thanks

She wants to prove that he can't feed neither her not his kid and that's the cruelty. he is useless

she claimed that she wasn't used to live in poverty.

He is saying 'Financial ups and down can't be called cruelty'

wife doesn't want to be with him in difficult times, but instead has made many many allegations of cruelty.

Guy is shattered and depressed.

but he is not ready for divorce. How should he defend his case?

he went to inlaws and tried to convince them that he wud restart business. But wife is happy at her 'maika' and told him that 'she is not ready to return to him ever'!!

Guy is broken and depressed again.

even if he wins against int maint plea, wud it make his defence weak in divorce case? to stop divorce?

stopping divorce is also his objective.

Ground reality./under ground reality

1.Do or die,Shadi ki hai to dena padega.

2.Do or die,bachcha paida karwaya hai to dena padega.

All the rest are exceptions,rarest among rare.

@ Jamai


Listen either you are a FOOL are you are FOOLING members here. I suggest ask this husband to stay put in the ashram till his death now that is all. He is biggest danger to other men who wants to fight gender biased laws.


You take your shell questions out of here now. A backless man is no good for society understand. This man has no guts to put a S. 24 HMA on his wife but he has guts to stop her Divorce hah hah take a break man. The reality here is that this is a shell question which does not translate into commercial enquiry for ld. professionals here nor it is any sort of legal question.


The way you are convincingly replying and further justifying the cause of action scenarios what the man is doing makes it all fictious - hypothetical "shell question" and even if it to be true I will say he deserves it. PERIOD.

why we are hitting mr jamai.

might be he is telling truth.

similar cases posted by some other persons also.

matrimonial problem ruined many persons. some of them lost their lives, some of them lost their service / business.

@ Jamai of Law


I am aware you did not like my mixed (personal with legal) response as in above which is natural. But try to understand all the "lady has to infer before Family Court is that the husband's renouncement from family world" which is one of the "valid ground to seek Divorce" and if this much you understood then you will know why I gave such a blunt reply (it was to encourage this husband to move out from Ashram and re-start his life was the hidden purpose which you missed and clicked thumbs down) Family Law is more complex to understand than Civil Procedure Code !


Now, take printout of this reply and cross check with any Family law expert he will agree to my above quote - unquote.

 

Allow me to say that some responses I didn't appreciate bcos some of  you simply didn't believe the story. But that's ok and it can happen.....

But men do question why The same thing doesn't happen to women whenever any woman approaches to judiciary or police with complaints against husband!!!!

b'cos the judiciary/police etc has to visualise it based on the written text.

Judge/police have never entered your house before.....never seen you before.... your lifestyle...education...beliefs.....unpbringing ....all unknown and just envisaged based on the written text....

And they are not supposed to doubt/question the 'honesty' of the complainant right at the first time!!! And since every woman leaves her home to join husband for rest of the life after marriage sympathy goes to them initially.

Please put yourself at the place of judge/police.............

But...... (a very big questionmark)

this is a real story. This guy has gone thru a bad patch. business went down in partnership due to sheer compitition and investment lost in business.

Have I said that he doesn't want to pay for child? .... no....

he does want to pay but as per his capacity and hma24 talks of interim maint for immediate needs. and moreover he wants to reconcile..

wife trying to squeeze out more in the disguise of hma24 and bypass trial on merits. his ws is not even being read...... There is no probability of wife's return as per my view. but husband is optimistic and willing for it for the sake of kid.

Wife can't just give a list of costs...there is a question of needs and wants...... and it should be based on earnings.... Aamdani Athanni Kharcha Rupaiya can't be forced thru hma24.....

He says that currently he may not be earning as per expectations of wife...
Whatever he earns he would give some of that in future and actually  has already given a lot to his wife.....

He had made some of his assets in wife's name, so those assets remained untouched from bank's seizure.

He became a bit religious and lost penchant for money. But he has not renounced the world!!!!
He gave his car to his wife so that she would use it to drop kid to nursary and back.

Wife wants him to earn much much more like  before. But money kept in wife's name by him is enough for daily roji roti (not enough for lavish living though)

Wife says its all 'her streedhan' now..

kaam khatam paisa hajam!!...and wants some more from him for the sake of kid....

She is caliming that husband intensionally not working to avoid maint.

And asking maint as per previous history of prosperity (as entitled to have same lifestyle as before)

but he is into such 'ashram' activity since 1 yr before they got separated...after separation, he went there to live b'cos he has't got enough money to pay even for rent now.

Can a court call this man cruel as alleged by the wife.....?????????

Opponent lawyer is a renowned one

Opposite Lawyer just puts fingers on case laws like 'kid entitled for maint in any situation'.

Nobody shud disagree to that. Even he doesn't disagree.

But how much maint?.... shouldn't it be based on the capacity to pay and evaluating needs and wants and also considering the money already given to wife and kept in wife's name alone by him?

He is saying hma24 is gender neutral.

Wife is working.

husband doesnt not want to ask for maint from wife for himself.

he says..... 'please give me some maint from wife' and adjust 100% of it towards his liability to 'child maint' what's wrong in it?

Will the court accept this argument!!!!

Thanks

1. Yes
2. That (these are prayers) is what he should do i.e. file S. 24 HMA with following prayer(s)

(i) Appoint CC / LC to verify his (husband / natural guardian) earning and submit a report to Court for consideration based on findings of the LC / CC report. [The report will come as Nil becuase as you say he is in Ashram from last 1 year is my opinion.] You see th ereal problem now !
(ii) Prayer to grant maint. to him [absolutely based on wife's earning capacity]
(iii) Prayer to Adjust the maint. with child welfare [means child maint.].
(iv) Club both spouse maint. prayers (respective Applications) and decide as per provisions of Law.


3. The issue here is wife filed first Divorce and S. 24 HMA so her maint. prayer (i.e. kids) will be decided first.
4. In legal forums answers can't be given to please a agrived soul irrespective of genders and for that social networking forums are there please understand and also understand why people come to legal forums not for emotions and sentiments but to get legal reliefs from ld. members answers. 
5. The situation now even if taken on face value is doable based on "reasonings" and kindly understand for that sentiments and emotions needs to be removed before entering Court of Law just bze this is a case of a husband.

Sorry,

For Prayer clause (iv) kindly use S. 60 CPC and this could only be possible at HC level is my next (general) opinion.

Illustration: Since in instance scenario of wife askign for maint. that also only for child basing her facts on husbands previosu earning capacity what her side is showing is equatting status whereas S. 24 HMA is not based on equatting status and is a sociatal (here welfare of child based) reasoning wherein her S. 24 HMA is bound to be decided first even if cross case by husband side under S 24 HMA is admitted. So now what will happen, if her side as you say is strong wins hands down their arguments and say even Rs. 3000 is awarded now say from her date of application or otherwise the scenario is such that the husband  has no money (he is in Ashram from klast 1 year) so how execution proceedings to recover the maint. pendentlite award will happen ? Think loud now.....that is why before the award is even infrenced by ld. Judge all your sides pleadings shall be based on S. 60 CPC wherein a Judge can't award some figures which can't be executed later by wife hence I still stand by advising that the husband should file S. 24 HMA with above prayers and take the matter to HC level where correct interpretations would hands down win the child welfare as in projected scenario by you the natural guardian is not been shown as evil dad! Harsh wordings but this is what it could be rest you can discuss with yoru side of ld. advocates.

what is CC/LC that you are talking about.?? kindly give long form of it 'Appoint CC / LC to verify his (husband / natural guardian) earning'

With WS he filed xerox copy of tax returns of many previous years up 2007-08....

after that he is below 1 lac bracket as of of today.....and ever since the time..which is even before time when the couple got separated....and hence not mandatory to file returns..........dispute happened in dec-08

 I disagree with your comment as  "kindly understand for that sentiments and emotions needs to be removed before entering Court of Law just bze this is a case of a husband" 

He didn't want to enter the court . he is been dragged there by his in-laws (standing behind the curtain and who poisoned the wife)

Sec 60 of CPC.................

After  google search it gives following info ...........

'attachment of property if default on payment'

 or

'attachment/charge on property as a pre-emptive measure to ensure the payment'

Am i right !

But wife is asking almost 25000/- pm based on legacy of earlier days of prosperity (only for son). if he is ready to shell out around 1000/-,. Would court agree to it?

1. CC = Court Commissioner / LC = Local Commissioner These are public servents such as SDM / JDM / Block level Magistrate whome these type sof verification works are requested by superior Ld. Court.


2. A Court contest of maint. related family law can't be fought with "emotions and sentiments" I once again repeat it in case it was missed before. If husband is hawing 1 Lac ITR then what you think Sir is he not able bodied person ? and from where this 1 L poped up if a prudent reader reads once again your first mail in this thread and now this revelation !


3. I don't like dishonesty (means say sort of misrepresentation even be it in public platforms) hence with permission I give up on you and your son's brief further replies and kindly wait for other ld. readers suggestions if any.


Thank you.