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Sanjeev (Project Manager)     14 May 2011

Maintenance / alimony to Cruel & Deserting wife ?

Hi All,

 

We married & stayed together for 20 months. She always abstained from s*x & returned to her parent’s home over some arguments and stayed there for 3 years.

 

In 4th year she filed for RCR and 4 months later I filed for divorce. Both cases were dealt together.

 

During the concluding stage of the combined trial she filed for maintenance arrears of 36 months @ 18,000 per month = 648,000 total under section 18 of Hindu Maintenance and Adoptions Act.

 

Meanwhile, a common order was passed granting divorce and dissolving the marriage on grounds of

(1) cruelty (wife denying conjugal rights to husband - marriage not consummated) and also

(2) desertion.

 

The maintenance case is now in progress. She is a post graduate, has been employed all these years but I have no proof.

 

Dear Learned Friends. Is this woman entitled to maintenance?

 

What should I expect now on maintenance case? Can she seek money from me on some other sections?  What about alimony?

 

Please advice citations available.

 

Thanks in advance.

 

Sanjeev



Learning

 5 Replies

Tajobsindia (Senior Partner )     14 May 2011

@ Author

1.
I am mild surprised to know that based on briefs of this post a 'common order' came that also in 3 years without deciding on Interim Maint. ?


2. However be it so, there are umpteen Judgments of SC to HC’s where deserting wife is not entitled for any maint. as well as alimony they say. Check first with your ld. advocate who has worked hard in your case he may help getting them otherwise write to me I will give you the same.

 

Arup (UNEMPLOYED)     15 May 2011

...  The maintenance case is now in progress...

 

--- SUBMIT YOUR DIVORCE PAPER TO MAINTENANCE CASE.

KEEP WATCH WHETHER SHE FILING APPEAL OR REVISION IN HIGH COURT.

IF SHE DO NOT FILE ANY APPEAL / REVISION, IN DUE TIME, UPTO 90 DAYS, THEN THE LOWER COURT DECISSION IS FINAL.

IN THAT CASE YOU HAVE TO PAY ONLY THE PERIOD IE UPTO ... BEFORE DIVORCE.

prasanna choudhury (law assistant)     22 July 2011

Dear Friend,

Will you please send me the details of umpteen Judgments of SC to HC’s where deserting wife is not entitled for any maint. as well as alimony they say.

With Regards,

Pras

prasanna200@yahoo.com

 

prasanna choudhury (law assistant)     22 July 2011

Wife files for maintenance u/s 125 of Cr. P.C after 2 years of taking Divorce on the ground of 7 years of desertion.

What will be my position now ???

prasanna choudhury (law assistant)     28 July 2011

Judgments of SC to HC’s where deserting wife is not entitled for any maint. as well as alimony

Will please somebody aware of this type of Judgement ????

 

Regards/Pras


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