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Vikraman   11 January 2018

Jeevanamsam - claim in null and void

Dear Sir, Madam, 
I have filled a case against my wife in 2015 at Chennai as Null and Void with valid proof of medical prescripttion and bills. Few videos of her violent behavior in the court. After three years, she did not file any counter but filled for Jeevanamsam. She is demanding 25,000 per month and 50,000 per year for medical and clothes expenditure. If i say "NO" to the court for the Jeevanamsam, what will be the action expected from the court?  What basis the Jeevanamsam calculated? We lived only for 3 months after marriage and seprated for more than 3 years now. Please advise the next step to break the jeevanamsam.  I am strongly believe in honest and truthfulness. Though our law support for female. Thank you in advance. 

 



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 18 Replies

Vijay Raj Mahajan (Advocate)     11 January 2018

Alimony & Maintenance demanded by wife and allowed to her by the Family Court is based on the financial stutus of both parties. The income of both if both are working and income of husband if he's only working anf wife unemployed is taken into consideration.

The reasonable requirement of wife in such case including her medical expenses will also be taken in consideration, along with the reasonable financial liabilities of the husband while calculating the amount. Usually on monthly basis it is 1/3 to 1/5 of the salary/income of the husband is allowed as maintenance.

Vikraman   11 January 2018

Thank you sir. If  i say no to the court what will be the action from the court?

Vijay Raj Mahajan (Advocate)     11 January 2018

You no will not change the mind of court. If your wife has no means to maintain herself she will be awarded monthly maintenance that you will have to pay otherwise the court will it out from you.

Vikraman   11 January 2018

Thank you Vijay and Ramesh Sir.... My fate... GOD punished me in this janma... Wrong by GOD... not by me...

Vikraman   11 January 2018

Thank you Vijay and Ramesh Sir.... My fate... GOD punished me in this janma... Wrong by GOD... not by me...


(Guest)

You are telling as if God asked you to marry. You married for your own pleasure of  dic.

Why are you blaming God for your miscalculations and misdoings?

You cannot handle one woman and what can God do for that.

If you dont pay maintenance you will go to jail.

You will have to pay her maintenance even after divorce.

If she keeps some man, then also you will have to pay aliimony. 

In short you will have to pay alimony to wife till the day she remarries or you die.

Better settle matter with her, bring her back and start using her as wife instead of wasting money on lawyers and ur life in courts.

If you dont want to bring her back give her money.  Take divorce. but dont blame god for your misdoings.


(Guest)

You are telling as if God asked you to marry. You married for your own pleasure of  dic.

Why are you blaming God for your miscalculations and misdoings?

You cannot handle one woman and what can God do for that.

If you dont pay maintenance you will go to jail.

You will have to pay her maintenance even after divorce.

If she keeps some man, then also you will have to pay aliimony. 

In short you will have to pay alimony to wife till the day she remarries or you die.

Better settle matter with her, bring her back and start using her as wife instead of wasting money on lawyers and ur life in courts.

If you dont want to bring her back give her money.  Take divorce. but dont blame god for your misdoings.

Kumar Doab (FIN)     11 January 2018

Pls don’t post queries in regional/local language or use regional/local terms e.g; Jeevanamsam!

Use terms in English.

This shall help you in getting responses from many who understand English.

 

Is ‘Jeevanamsam’ =Maintainance.

Which personal law applies in this case say; Hindu?

Kumar Doab (FIN)     11 January 2018

Mere mention of local term or one word may lead to guess work…..

THE HINDU MARRIAGE ACT, 1955

Section 24. Maintenance pendent elite and expenses of proceedings.

Section 25. Permanent alimony and maintenance

Section 26. Custody of children.-

https://www.delhihighcourt.nic.in/library/acts_bills_rules_regulations/The%20hindu%20marriage%20Act,%201955.pdf

 

The Hindu Adoptions and Maintenance Act, 1956

18 Maintenance of wife. —

https://indiankanoon.org/doc/946025/

 

The Code Of Criminal Procedure, 1973

Section; 125. Order for maintenance of wives, children and parents.

 

https://indiankanoon.org/doc/1056396/

You may post the specific details and facts of the matter.

Kumar Doab (FIN)     11 January 2018

What is this disease, medical prescroption , null and void!

Vikraman   12 January 2018

how we are connected? Did anyone ask you to respond? We believe in people for certain limits. Most of our GOD married twice... nobody gone to the court. I still blame the GOD only. Why family laws are not updated? Always supports female though male has valid points to file in the court. 

Kumar Doab (FIN)     12 January 2018

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record , with evidences of medical disease, prescripttion, video of violent behavior etc  for a considered opinion……

Kumar Doab (FIN)     12 January 2018

If you have irrefutable evidence and merits then your counsel can convert into results.

In Family matters both spouses win cases and lose cases……..bet IT wife or be IT husband…

It takes time,effort, and support of seasoned counsels...........

Court decides on merits...and provisions of law.

Rajkumar   02 February 2018

Dear Experts,

Please clarify my doubt.

My Brother in law (Wife's elder brother) Was married during 2014, Within 3 days of the marriage, they found that his wife is Mentally unstable and they were seperated from the 4th day. It was later found that the Girl's Parents and relatives hide that matter before marriage. He applied for Divorce after 1 year of marriage, After repeated hearings, the Divorce case was granted last year. Now the girl's family is claiming maintenance from him. 

Can this claim be defended based on Medical reports of the Wife (or) the little income of the husband (or) the wealthy background of the wife?

Can he marry another girl?


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