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Chirag   06 May 2016

Stop interim maintainance

Judge has awarded my wife and my son interim maintanance as the case is going where she has said that i n my family has torturted her which is all false....

My question is if i prove her wrong at the end of the case will the interim maintanance 125crp / 27 will get stopped ....i dnt mind paying for son....as she has deserted me 

 



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 11 Replies

Kunal Shah   06 May 2016

As far as your case is concerned if the court agrees that your wife deserted you without sufficient cause, the court would definitely disentitle (not allow) her for maintenance under Section 125(4) CrPC.
However things would change if you have claimed divorce as a counter claim. The effect would be that once you get the decree of the divorce she would become entitled for maintenance even though she deserted you.

So there are two recourses available to you

  1. Don’t get the decree of divorce, talk to her and her family members and some elders and get things sorted out. Give a new dimension to your life and take care of your child.
    If things don’t work out get the matter referred to the Mediation and Conciliation centre. An earnest attempt to ease both of you would be made
  2. If nothing works and you want to divorce your wife on the grounds of desertion/ cruelty, as discussed above you will have to pay maintenance to her until you can show that she is a working lady who is capable of maintaining herself and if she is not a working lady, show to the court that she has occupational qualifications but still she is sitting idle.
    Only in these cases you can get rid of your alleged cruel wife and avoid paying maintenance.

But remember all this would apply when you prove your case sufficiently but if the wife proves the case nothing can prevent you, she will get a divorce as well and you would be duty bound to maintain her.
In my personal opinion take the first recourse and save your marriage.

Ravi Chaturvedi (AM Logistics)     06 May 2016

Hi,

Request not to add new case on my mentioned case, instead, raise your case separately as a different thread in the portal.

In my case, the spouse has deserted me and has claimed for interim maintenance. The law states that - "No wife shall be entitled to receive an 4 [allowance for the maintenance or the interim maintenance and expenses of proceeding , as the case may be] from her
husband under this section if she is living in adultery, or if, without any sufficient reason, she
refuses to live with her, husband, or if they are living separately by mutual consent."

Thereby it leaves no room of ambiguity whether the spouse is working / not working to maintain herself. Her free will to stay aloof from her husband is sufficient for denial of interim maintenance as per stated law.

Can i contest interim maintenance as per mentioned law.

Kunal Shah   07 May 2016

Nice of you that you referred to the correct provision but if the law was so simple, believe me none would have required the services of a seasoned lawyer.

By the way coming to your case, your wife can claim maintenance in two capacities one as your wife during the subsistence of the marriage and second as a divorced wife.

Section 125 (4) refers to the first case that is during the subsistence of the marriage and not the latter case.

Now when you would get the decree of divorce on the ground of desertion by your wife, she would be claiming divorce not in the first capacity but in the second capacity and you would be entitled to give her maintenance.

Even though she has filed an application for maintenance before divorce the same application would be treated as application for maintenance after divorce, once the divorce is pronounced and you would be required to give her maintenance.

You can only claim that she is not entitled to maintenance during the pendency of the suit which will also be turned down because the court would say that it is too short a period to intervene the choice is yours  

Dana Kayoni (Expert Humanitarian and Lawyer)     07 May 2016

Above advises are incorrect.  You wil have to pay wife and kid IA as ordered by the court, and there is no alternative to it than not paying.

 

To suggest like above, neither you have presented your wife's papers but only wrote two lines about your case.

Coming to your question, IA you will have to pay till case is pending.  125 crpc is life time alimony, which again will be decided based on merits of the case.

127 also will be decided based on merits of the case.

However it depends on how your lawyer puts across your case in front of the court, nothing can be told accurately without seeing your wifes papers.

 

I advise people like above not to advise having half of nil knowledge of law.

 

Kunal Shah   07 May 2016

Madam Dana Kayoni as you have accused me of having half or nil knowledge of law, I must state that please try and understand the legal issue before venturing into acquisition.
But Madam your whole assertion is baseless.
Please try to be a mature and competent lawyer and not just neophyte lawyer. At least have some due regards to the subject of law even if you consider others imbecilic.
Mr. Ravi has all rights to prevent his wife from claiming maintenance during the period of subsistence of the marriage provided he proves that she deserted him. However he cannot prevent her from claiming maintenance once he get the decree of divorce. 
And to quench your half baked understanding please read the following case law pronounced by Justice Saghir Ahmad.

Rohtash Singh vs Smt. Ramendri And Ors
https://indiankanoon.org/doc/1728416/    

Please don't accuse without having a strong base. Take it as an advice rather than a bitter remark

Kunal Shah   07 May 2016

But please note Mr. Ravi and Chirag that I have given you the complete picture. And please remember that even though you can disentitle your wives from claiming interim maintenance under Section 125, she can always claim pendente lite maintenance during the pendency of the suit under section 24 of Hindu Marriage Act.

In order to clear all the confusion I will tell you how the things happen

At the outset it requires to be noticed that the argument that both of you can prevent your wives from claiming maintenance would be relevant, only in the context of the grant of interim maintenance to wife and not for any interim maintenance to the child.

The learned MM while deciding the question of payment of interim maintenance to a wife is only expected to form a prima facie opinion whether such wife was staying away from the husband without any sufficient reason.

If the argument of the husband has to be accepted then it is only after the entire evidence is led that an order for interim maintenance can be passed.

What the learned MM is required to determine at the stage of grant of interim maintenance is to be prima facie satisfied, on the basis of the pleadings and any other material on record, that the wife has not stayed away from the husband without sufficient reason. Vide Rajeev Preenja vs Sarika

Hope this clears the confusion of Madam Dana Kayoni

 

Ravi Chaturvedi (AM Logistics)     07 May 2016

Thanks kunal. your advice is appreciated :)

Dana seemingly have superfluous knowledge about family laws but doesn't know the etiquette to respond on amicable manner on a public forum like this. She looks a gone and frustrated lady and i have already reported abused against her.

There are indeed good mentors barring a few sick ones like her.

Thanks again..!!

Chirag   07 May 2016

Dear Members,

Maintainance was granted right from d begining of evidence stage....now evidence stage has started where cross questioning will be done.....n i will prove her wrong.....so on basis of this i was asking if i can tell judge why should i pay to a cruel wife who has deserted me n making false claim,

I m anwyas gonna go for MCD in future as i dnt want to ruin my future.....i jus want to cut her maintance n let the child maintance run i dnt mind.....

 

 

Kunal Shah   08 May 2016

To Persuade a Judge, Think Like a Judge- J. Frederic Voros, Jr.
Thanks for your so called 'compliment' Ma'am.

1 Like

Ravi Chaturvedi (AM Logistics)     08 May 2016

Hi Kunal,

Just came across the following enactment from Raj. HC. Pendnet lite u/s 24 can also be challanged under circumstance -

https://indiankanoon.org/doc/445532/

thanks

Kunal Shah   08 May 2016

Ya very true but what I was suggesting you was that even if you prove that she deserted you, you cannot prevent her from claiming interim maintenance under Section 24 HMA but you can prevent her from claiming maintenance if you prove that she has means to maintain herself and if she is not earning then show that she has the occupational qualification but just in order to extract maintenance from you she is sitting idle.

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