about mantainance
raghavendra
(Querist) 21 August 2010
This query is : Resolved
sir,
my wife not staying with me she is staying with his parents, she is very adamant not adjusting with me and with my family, i have filed divorce petition, she has filed maintenance petition, i am working with one advocate as a office boy ,my earning is not specific , what can i do now
can i file maintenance petition by asking maintenance with my wife, she is also not workin but her father has some property
i am want to ask maintenance just to escape from paying , because i only not working,
in between can i file restitution of conjugal right petition
can i get some some citation to relating to my case
can i get citation which shows husband also can get maintenance from wife when she is capable
can i get some citation when wife is capable to maintain herself and husband is not capable no need to pay to wife.
can i get citation against to pay interim maintenance
sir this is very urgent please help
thank you
Rajeev kulshreshtha
(Expert) 21 August 2010
As you said that you have filed a divorce petition now you cannot file petition for RCR parallel. You cannot file maintanance application as you said she has no income. you can fight her maintanance case on the ground that she is voluntarily residing at her fathers home and a divorce petition is also pending.You should constraint on your divorce case if you don't want to reside with your wife.
s.subramanian
(Expert) 21 August 2010
Yes. I agree with Mr.Rajeev.
B.R. BHALLA, ADVOCATE
(Expert) 22 August 2010
Once querist has petitioned for divorce, he is supposed to face maintenance claim by wife. Of course, he cannot file a suit for restitution of conjugal rights at this moment. I think the Court will decide against you for maintenance in the present circumstances.
raghavendra
(Querist) 23 August 2010
why i cannot file maintance application endr section 125. when i also dont have a income
Adv Archana Deshmukh
(Expert) 23 August 2010
A husband cannot file for maintainance u/s.125 crpc. The section itself is clear about this.
Devajyoti Barman
(Expert) 23 August 2010
If any matrimonial suit is pending under the hindu marriage act then the husband can claim alimony from his wife u/s 24.
raghavendra
(Querist) 24 August 2010
se 125 says "any person" is not it any person includes wife husband and patents?
sovedita roy
(Expert) 24 August 2010
The phase "any person " of sec125 of CrPc says about that person who is to bear the responsibility of maintenance if you go further the section very well cleared it by giving a list of persons who can claim maintenance, where husband's name has not been mentioned rather in clause (a) wife is to be maintained by his husband has been specified and their is no question of vice-versa.Secondly maintenance is claimed from income of a person,that may be from property or any other source but only being an owner of any property does not means income unless some income is derived from that property .in your case your wife's father has some property so the income if any from that property comes that will be your wife's father and you cannot claim from that .it is rather advisable that you simply go for divorce as in your case RCR is not possible as you have filed divorce.If you go for maintenance it may go against you as you have a source of income and your wife have no such source of income and she has right to claim maintenance from you and as she has no right to claim maintenance from her father after marriage as you being his husband have an income source and wife will get his maintenance according to your status.
