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vijay (Engineer)     15 April 2013

Maintenance applicable to wife

Dear Members,

 

My wife is being deserted from me baed on a MOU signed by both of us that we should leave separately for 4-5 months and try to have a mutual bonding during the seperation, If not we will respect each others decison.

She is pregnant for 5+ mnths  

She Is a MCA graduate and I have the backup of her Certificates as well.

I am earning a mothly pay of 70K with a Joint home loan with my brother  and for a Joint Property with my brother.

But i used to pay the complete EMI of 30K /Month, And also files tax returns for the same.

In this case if my wife goes for DV and Maintenance , How much amount approximately i have to saddled with.

 

Thanks//Vijay



Learning

 7 Replies

vijay (Engineer)     15 April 2013

Also Adding to the above query , 

Can My parents also entitled to claim maintenance with me ...If yes...the if possibly  this can help me to punder less money to a Self deserted wife who is still putting wrong allegation of dowry on me and throbbing me for 498a  case.

vijay (Engineer)     15 April 2013

@ Need Justice, 

Can You reply for the complete query ...Tnx

adv. rajeev ( rajoo ) (practicing advocate)     15 April 2013

Any way you both are ready to live seperatly.  So you file a petition for juidicial seperation.  She can ask for the maintenance.  How much amount of maintenance will be awarded  cannot be said, because it is descretainary power of the court.

Your Parenst also can seek maintenance from you

DV victimmmm ( )     15 April 2013

 

Vijay, If you both are trying to find out peaceful solution to your problem, don't think about DV and maintenance right now. She is pregnant and you are going to be a father soon. Instead of doing mathematics of alimony, you should try to sort out the differences by visiting her and spend quality time with her. May be you will get positive response and your marriage will not break. And nobody can tell you exactly how much alimony you will have to pay in case she files DV etc.It depends on various factors and facts of the case as told by experts here from time to time.

vijay (Engineer)     15 April 2013

@DV vcitim, 

Thanks for your suggestion , but recently i got a postal Registered AD, Mentioning that I am not allowing her to have her back in my Life  as I am demanding X lacs and a car etc...and she has been tortured , She has depicted the whole story in the letter , Also they are pretending that they are ready for reconcilation but actually they are not.....I am planning to reply the letter mentioning that i am still ready to accept you in my life if  you promise  not to take unwanted drastic steps in future.

I am Still going to consider her in case she shows a positive attitude and not throbbs me for the dowry compaint.

But i am just trying to prepare my self  for the worst if could happen to me .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 April 2013

Dear Vijay

your wife and your parents, all of them can claim maintenance from you if they are unable to maintain themself, but as per your query/information you and your wife live sepratly by MOU/Mutual understanding and there is no other dispute, in this situation she can not claim maintenance from you because as per section 125 (4) of Cr.PC

 

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

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate1[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of’ sufficient means.

2[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

Explanation. For the purposes of this Chapter.

(a) minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;

(b) “Wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

3[(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]

(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month’s 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

 

Feel Free to Call

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

vijay (Engineer)     15 April 2013

Hi Nadeem,

 

The MOU term is over now and she may plans for a DV or 498a against me .


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