Gaurav (Engineer) 29 September 2014

Maintence - waive off

Dear Sir,

FC has ordered to pay monthly allowance to wife and minor son.

I want to challenge the order in HC that she is very cruel lady and she filed FALSE 498A against my family just to settle the scores.

I have following evidence :

1. 8-10 Audio recordings in which she is using abusive and filthy language against me and my parents. In recordings, she also iterated that I am leaving home with my own will and will tell the same in the court in near future. She also iterated that throw ur mother outside the matrimonial home. Either keep me ur mother with u. If u keep ur mother then i am leaving the house.

2. She has also given following statements before the magistrate in 498A case :

a) There were no minor and major injuries caused to her in matrimonial home and that's why i am not be able to give any medical certificate in this court.

b) I have not called my husband and in-laws after the birth of the monor son .

c) My father came to matrimonial home and I left the home with my father.

d) There is no hand of my husband and in-laws in the first abortion. she claimed in FIR that my husband wants to abort the first child.

e) My husband came to home to take me back after i left the home.

f) Also, she gives contradictory statements

g) She doesn't specify any specific instance of harrasment associated with dowry demands in her statements given before the CJM.

Lower court doesn't take it into evidence and ordered 7000/- alimony to wife.

I want to go high court to waive of the monthly alimony awarded to her against the lower court order. I have also many judgements of HC and SC which says that if wife left her matrimonial home with her own sweet will or she deserts her husband without any reason according to sec 125[4], she will not be entitled to maintenence or she will have ti proove cruelty against her husband to get the maintenence.

Please suggest.

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1 Replies

Tajobsindia (Senior Partner ) 29 September 2014

@ Author,

1. If no where she has mentioned that she has reasonable ground to remain separate then you may challenge the trial Court order.

2. You may also challenge the trial Court Order on grounds of well settled law that a litigant coming with unclean hands cannot expect any relief from a court of law. Suppression of material facts before the court is commission of fraud.

3. You may also challenge the trial Court Order if she has not claimed anywhere that she is unable to maintain herself nor does she claim that she has become destitute or vagrant, however maintenance to minor is to be met in equal proportion to both parents income (if both are stated to be working).

4. Also consult locally with an advocate found via reference and/or with your current advocate and do check Order is from date of Application or from date of Order and only then proceed to go to State's HC.

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