Krishnaya vasudevaya (--) 27 December 2014

Maintenance file by wife - legal options for husband

HI Everyone,

I am from Chennai and got married as per the Hindu rituals on 10th December 2012 to a girl residing at Bhavnagar (Gujarat). The marriage took place in Bhavnagar state. After 2 years of marriage my wife left to her home and doesn't want to come back.

She has sent a family court notice from Bhavanagr under section 125 claiming maintenance of 25000 per month since she cannot maintain herself. According to the notice,she has made lots of false allegations which are baseless in all aspect. She claimed that I did not took her anywhere outside and she was under house arrest all throughout 2 years but this is not true. But this is not true, we went to kashmir, vaishno devi last year and I have sufficient amount of proof to prove that I took her outside for sightseeing. She also made allegations that I gave her mental and physical torture and beat her on several ocassions which is completely baseless.

I am completely shaterred and shocked after seeing this notice. She claims that I dropped her at the home town and did not bothered to come back to pick her up but me and my dad went last month to Bhavnagar to pick her up. But she refused to come with us without quoting any reason.

I am ready to stay with her and accept her as my wife. I also told her that we will live separately in a different house if she requires as per her wish. In the notice she has mentioned that I work for a IT company and earn a alot hence she is demanding a heft amount for maintenance.

I would like to know what is the way forward to defend this legally?

Does she has to prove all the claims made on the notice or is it prima facie taken as a fact since the case is filed by wife?

I am ready to stay with her and maintain her. Does this case still hold strong and still she can claim maintenance?

Can I file RCR stating my wife deserted me and staying separately?

Can I File a police complaint mentioning Blackmail/extortion threat , threat for false dowry case and ask for police protection and anticpatory bail?

She also mentioned in the notice that we have taken all her jewellery but indeed she took all his and our jewellery with her while leaving to her hometown. Can we file fraud case against her stating that she stole all the jewellery from our house and ran away?

What are the legal options I have to defend this case and quash it? Can I approach high court and as per supreme court rule, no woman can ask for maintenance if she has departed on her own. Can I approach supreme court directly?

Please provide me suggestion on how to take this forward.

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10 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 December 2014

Dear, File RCR immediately and ur defence for maintenance will be that she herself has left the your company without any reason.... Write a formal letter and get the same received from your local police station apprehending false implication by her ..... Try record all her calls and messages .... Everything will help u in future .... Kapil Chandna Adv . 9899011450

Jai Karan Nagwan (consultant) 27 December 2014

Gentleman, your wife is not with you since last two year and you went to bring her back last month only, if you love her and honest to relations, you should have asked her to come back to your home at a very initial stage. Yours is seems to be love marriage and it is obious she has lot of emotions towards you, she married you by completely ignoring her own Gujarat society, but you did Nothing else for her, you shown your ego and didn't understand her true love. You should have lived for her and she would have been ready to die for you. If you are really a gentleman forget all legal advise given by your advocate that you should go for counter case for restitution to avoid maintainance. Let me advise you from legal standpoint as well, filling of restitution at this stage clear shows that you are trapped in legal jargon and trying to avoid her claim. Best advise, Go to your wife, Leave packet of your ego in Chennai and say sorry to your wife, your love and don't come back to Chennai without her. Please recollect your all promise you both did before marriage. Please remember you are very lucky, a Gujarat girl loved you and married you. Please bring her back and leave in love. Otherwise you will repent after passage of time that what you did on this earth. You came and went with bad memories. if she yet don't come along, than will suggest you best of legal course of action. All the best for your sincere efforts.

jack (nothing) 27 December 2014

Well said Jai karna but not sure your assumption right or not . @uday : if u r planing for divorce don't file RCR.this will not helpfull for any direction.

Krishnaya vasudevaya (--) 27 December 2014

Hi Jai Karna,

I guess I did not put the facts correctly. Let me make myself clear.

She went to her home town last month November 2014 until we were living together in Chennai along with my parents.

This is not a love marriage but arranged marriage

I did go last month and apologized for everything, I asked sorry million times but she said that she needs time and will not come with me. I told her that I will stay back but her uncle told, don't behave like a kid, if you stay here we will not send her to Chennai. So you leave now. They did not even allow me to meet her in private. She refused to hold my hand.

I want to know what are the legal options I have.

Does she have to prove anything to get maintenance or she can get it without proving anything.

Regards

Jai Karan Nagwan (consultant) 27 December 2014

Hi Uday, Don't worry it's not very easy to get maintainance in such situation, yet there is provision u/s 18 of HAMA that your wife can claim Seperate stay with maintainance, without opting for divorce on the grounds as Desertion, cruelty, suffering with VD, second marriage, keeping concubine, Converted to another religion etc. So better to file RCR and that is only the way out, but you should keep your effort on.

Jai Karan Nagwan (consultant) 27 December 2014

This is good your wife file u/s 125 and not under Sec 18 of HAMA. In sec 125 You have defence u/s 125(4) and send notice under RCR from other side.

Krishnaya vasudevaya (--) 27 December 2014

HI Jai,

Thank you for the response.

I would like to know does she have to prove all the charges made in the section 125 to get the maintenance or she can get the maintenance without proving anything.

Regards

Jai Karan Nagwan (consultant) 28 December 2014

Hi Good Morning! As you know sec 125 starts with, if any person having sufficient means and refuse to maintain.......... Application u/s 125 is standard, that She is not able to maintain and husband refused or neglect to maintain and wife need to corroborate her statement with proof or circumstances, thereafter as usual husband given chance to contest her claim.If husband not able to contest her claim with proof, court generally grant interim maintainance. Refer sec 101 & 102 of evidence. .

Krishnaya vasudevaya (--) 28 December 2014

Should I file NC against my Wife in local police station in Chennai and also file NC at her place in Gujarat as a precaution before she files 498A case. Also get anticipatory bail from Chennai in the event if 498A is imposed.