maintainence under sec 9

@ Author

Your brief is slightly confusing especially when you say "inspite of filing maint. application no maint. has been fixed" then you ask at the end "can I file maint. application" These besides the point what you should do is to file an Application to decide maint. issues first before taking any other issues as any maint. application under HMA the Act needs to be decided as far as possible within 60 days of filing. 


If Judge does not take any action on above application then go to superior court and file change of Court as well as at superior forum call for records of trial court and decide there itself on merits of maint. case. 


Your work will be done if above process are followed. 

Remember "no cry no money" is as simple a inference as possible under Family Law !

thank you sir for ur valuable inputs. but the thing is that i know that my lawyer is not doin it right. how can go on to safeside myself . i was advised to give an application in  the court for maintainence fixation again. case was been referred to mediation cell under the family court itself. i have given an application  in the cell to refer the case back to the court as mediation has already been done in high court  as case under 498a is also been instituted against my husband  after case under sec 9  was filed by him. his lawyer has approached a no of times for settlement( divorce) although he has filed  petion under sec 9. i dont know what to do? i dont have money  for these cases. he has taken all my previous earning during my stay with him.....is this fact would help in demanding maintainence.....................PLZ HELP.............

@ Author,

I have heard that if a husband earns less and simultaneously wife is also working then chances of your kind of allegation and I quote you "he has taken all my previous earning during my stay with him" are heard" !


However, if a husband is earning and I quote you "70 K" and you are also working then chances of your above quote are remote, reasoning being in todays modern living 70 K income is not less for a couple to sustain. Now, since further emerging facts are that your earlier application for maintenance is dismissed (which was my confusion but you clarified that) so either you have option to go for Appeal in a superior court or follow as per subsequent advise from prejudiced corners will pour to this message which I may not advise since you are earning and not a destitute hence not eligible for any maintenance pendentlite. 


Here the emerging story is that you have filed S. 498a IPC so to safeguard himself he filed S. 9 HMA and what you were expecting he would have done to counter your 498a ! 

How much you are earning BTW? 

 Sonali

Though I am not a legal expert, I can make out that what you have written is that you have instituted the case under 498 a after and not before  your husband filed case under section 9. I am quoting you below: 

"i have given an application  in the cell to refer the case back to the court as mediation has already been done in high court  as case under 498a is also been instituted against my husband  after case under sec 9  was filed by him".

Also, this forum has a SC judgement which says even working women can claim maintenance and they do not have to be destitute to claim maintenance. You have to spend a little time to see whether you can locate the post. You may have a slim chance for interim maintenance if with your earning you are able to maintain yourself in the way you were maintaining yourself in your matrimonial home( Please experts correct me if my understanding is wrong).  I will look for the judgement and see if I can post it again. 

Wait for advice from other advocates  also. 

@sonali,

Please update your case status so that we can advise you better way.Clarify the inforamtion about nterim maintenance.

Sonali ji,

Let me stick to your query which is in 2nd para.....which says ...will it go against you if u don't attend.....

You wrote : 'i m out of town for some official duty'

Answers is: it would depend on merits..................

Actually this is really not a forcefully valid reason .......unless exact details of duty are detailed......

If  a person is really hungry and begging for food...then a person has to stand in the queue deligently whereever food is being distributed.....a person can't say that 'let me finish my other activities first .....and  then I will collect it on the way.............keep my share aside........'

Hon Courts are not for us ...but we, the people, are for courts..............everywhere in the world courts are over burdened.....so we have to adjust based on court's alloted time for us.....nless it is difficult to do so...and in that case we have to pray to courts for the consideration...

..because we, those aggrieved parties who are emmencely wronged ones only are expected to climb the doorsteps of judiciary.............and not for trivial reasons......wherein a person can afford to seek justice in unhurried, relaxing and reposeful manner after finishing all ther activities in life!!

You need to give cogent reasons why you were compelled to to give more attension to other activity and not to 'the process of seeking justice".

sir,

 i will try to make point more clear.....

1) me and my husband are living seperately since june 2009.

2) he filed petition u/s 9 in nov 2009 althought what he wanted was a divorce which i dont want him to give since he and his family harrased me for whole 3.5 yrs of my marriage for money and related matters.

3)  i filed a reply to the petition through my lawyer along with maintainence application citing what forced me to leave his company.

4) i attended one hearing  (april 2010)where it was refeered to mediation cell.

5) no maintainence fixed till now...almost an year

6) i living with my mother who is a widow and is bearing the litigation and other basic neccessities for me and my child.

7) i somehow manage  other ancillary expenses of me and my son.

8) he has taken all my previous savings by one or the other way...i  have proof 4 that.

9) i earned only 15000-18000 pm at time of filing of petion.

10) i can not bear all litigation expenses, accomodation , fooding and other expenses like schoolinetc. by my own....

how will  i survive.....PLZ SUGGEST ME HOW CAN I MAKE MY CLAIM OF MAINTAINENCE STRONG ......IT IS MY SINCERE REQUEST

I HAVE NO OTHER WAY BUT TO FIGHT 4 ME AND MY CHILD........

i would be highly thankfull

ms sonali

your case is surprising and contradictory.

however you have come to us for information.

i will take a little time to answer, but try to find out the best solution available to you.

Sonali ji,

You need to consult the lawyer...or change the lawyer before any mess-up happens....other party may try to woo your lawyer also so that your case gets weak.

The other party probably wants to win RCR and then it becomes an easy ground for divorce after 1 year.

In RCR suit..."the burden of proving the reasons" on you ......as to...... why the respondent(i.e. you) had to leave the company of the petitioner............

Hence do go for mediation procedures...if you fail to attend it...adverse image gets created about you......

You may say that you shouldn't be forced to join the company of the husband...unless your apprehensions in your mind are resolved and you do fear going back......as there were was the past experience........ but that does not necessarily be construed as desertion by you...but it is the husband who made you leave matrimonial house and he playing faul (He is taking advantage of his own wrongs)...you shouldn't also be forced to "counter-claim" for divorce..because you are not able to carry the stigma of divorce and it would be detrimental to child's welfare and upbringing....

Bring to the notice of the hon jdge that...covert agenda is to press for MCD settlement under the disguise of RCR.

It looks..................... from your side only the delay has happned in pursuing the case...Remember you are a respondent.

If a wife expresses that she had a fear for  life....and that's why she had to leave the husband....Courts would not force her to join back husband......................or Courts also can not help husbands to create any new easy grounds to husbands...

Judiciary has a stake in the sustenance institution of marriage......

But it all needs to be proved by your conduct and proofs.

Maint is decided on merits as to reasonable needs vs wants and capability to pay by husband.....

If Petitioner-husband (victim) resisting to reasonable needs of wife in divorce.... is different than that in  RCR...

If RCR is filed then he is cared for wife.....but can he deny reasonable needs of wife? then it is a crocodile tears of husband/drama by husband .....it is construed that husband doesn't care or sensitive to wife's and kid's reasonable needs...and putting her on ranson...either come back or face starvation!!!! This not a sign of love and care.....

You can withstand RCR but you need to present your case appropriately....and with a honest lawyer.

(RCR is/was really not meant for husbands)

To all

Sir/madam,

  today's was my family court date,  but to my disbelief he  withdrew his petion. i m in totally confused state and a lot worried.

1) why has he done so.?  what can be the possible  reason other than just frustration or he is planning something else against me?

2) what is RCR? plz explain in detail......

3) can he file any other suit  agt me since 498a case is still pending agt him?

4) withdrawal of petion by him would benefit or not??????

5) what about the maintainence and other litigation costs incurred by me on this petion.

PLZ  ADVISE.............before he does something again.

RCR (resttution of conjugal rights) is what was filed by your husband under sec 9 of hindu marriage act.

Even if your husband has withdrawn his case.......... if there was any counterclaim (such as divorce or judicial separation) by your side ...case will go on....unless you withdraw that. ...I assume you didn't have any counterclaim.

Also since you have filed for interim maint as per sec 24...it will still be adjudicated on merits and Hon Court also may order it from the date of application ..for you and your kid...and Hon Court may also order it for monthly maint's continuation post-disposal of case under sec 9 (RCR)..........But you need to plead it explicitly from your side just as precaution.

You have to ensure that you don't create any ground for him to ask for divorce (i.e. cruelty.....it means that ...............behave with him cordially ...............and don't get trapped in any set-up, or create any new evidence for him in the jubiliation...have restraint...it may be the case..............that he has realised the value of marriage!!!!).

Have positive approach....

Additionally ............You may ask for litigation costs if case is withdrawn.

The judge has to make an order on "withdrawl application"....that time raise all the concerns....on the next date.

thank you sir for showing me the way....

some of my queries sre

1) should i wait for the order and see the grounds on which he has withdrew his application?

2) after withdrawal of application , how can i claim my maintainence and litigation expenses as earlier

3) can court  decide it in the order itself.....about maintainence or i have to apply fresh

4) can this means that he can now file for divorce etc. simuntaeonusly ...since i havnt filed any case for divorce

5) case under 498a is pending agt him.

    Basically what is left over in this Family court petion of sec 9?????

 PLZ ADVICE BEFORE IT IS TOO LATE