suffering (jj) 26 February 2015

Why working wife gets 125crpc maintenance

Hi,

My wife is working and still court ordered 10000Rs per month of maintenance to her. I have been paying

it since last 6 years. And my 127crpc application is pending before the court since last 2 years?

I can not pay her maintenance as she harrassed me a lot as I face full trial of 498a and got acquitted.

Why court is biased and even to a working woman ordering maintenance?

Will I have to give it to her for rest of my life, I am 43 year now. I can not imagine to give her maintetnace whole of my life.

She has harrased me in every occasion by misusing laws.

how to get rid of her maintenance as it is quite a burden on me. My father is ailing from heart disease. i do not have any job security and need money for my old age days.

The family court is so mismanaged that even there is no separate judge for my case. And single judge who is handling 2 court halls cases, is so overloaded that she is taking lot of time to hear.

I have been struggling to get justice in Indian judicial system.

Kindly let me know how to get out of it.

Regards

Mani

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4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 26 February 2015

U should have to go to appellate Court against the impugned order.

Samir N (General Queries) (Business) 26 February 2015

I presume that you are still married. File for divorce based upon cruelty. There is a Supreme Court judgment, I think, that says that filing of false criminal cases tantamount to cruelty for which the husband qualifies for divorce. Divorce based upon cruelty, if argued properly, disqualifies ex-wife from seeking maintenance. I must admit that this is what I remember reading but I may be wrong. I am not an advocate. Opinions of learned advocates in this forum would be useful on this issue but I think that you should give it a try... nothing to lose.

Born Fighter (xxx) 13 March 2015

file for divorce on grounds of cruelty, you have got acquitted from 498a so you qualify for divorce. Also the quantum of maintenance granted to your wife depends upon what is your salary vis.a.vis her salary and whether there are kids who are in custody of the wife. is your case running in pune family court ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 March 2015

Dear Querist

If you are aggrieved by the maintenance order then you have right to file an appeal or revision before appellate court and raise your voice there.

if there is any change in the circumstances then apply for changing/cancel the order u/s 127 of Cr.P.C. as you informed that this application is pending then file a writ petition before HC and get the direction from HC to decide the case within a time frame.