Can maintenance be filed with the job by the wife?
Shekhar
(Querist) 11 August 2008
This query is : Resolved
Hi all, Can maintenance be filed by the wife who is in job? if so then would she be entitled to get ? pls. give some earlier case history where the girl/ wife was earning... and pls. if some one is having any details about the reverse " where the hasband ever get the Maintenance" pls. share.
Srinivas.B.S.S.T
(Expert) 11 August 2008
Yes there is nor bar for filing a maintenance petition. But the point is whether the court will grant maintenance or not if the husband proves that the wife is having sufficient means to maintain herself then the court may dismiss the petition. It will be the burden of the wife that the income coming out of the job is not enough to maintain herself satisfactorily. In cases where the minor children are with the mother, then claim for maintenance for the children can be filed though the mother is working.
Coming to the point of husband seeking relief of maintenance. The section 24 of HM Act provides for the maintenance pendentilite as well as legal expenses for both the spouses, but i have not come across any reported judgment to that effect.
Shekhar
(Querist) 12 August 2008
Dear Sri, Thanks for your help, pls. find any jugdement related to husband maintenance!
Jithendra.H.J
(Expert) 12 August 2008
yes, wife can seek mainatanance from her husband eventhough is working( No one says the wife should be starving while claiming mainatainance)for her food and for her survival. husband cannot ask for miantainance under S.125 of Cr.P.C
arunprakaash.m.
(Expert) 12 August 2008
Yes if the wife earns more than husband then husband plea for maintenance from the wife
KANDE VENKATESH GUPTA
(Expert) 12 August 2008
Grant of maintenance will be dependant upon the status of the family. If the wife who was living with the husband, who was getting Rs.1,00,000/- per month and who had driven out his wife or the wife for a reasonable cause is living separately and having no other option she took the job which is hardly providing Rs.3,000/- per month, the Court will certainly comes to rescue the wife and grant maintenance taking into consideration the financial earnings of the husband and the wife. I think there is a Judgment by the Supreme Court in this aspect. I will try to get it.
Shekhar
(Querist) 13 August 2008
Thanks all experts, Pls. provide the order copy or the order serial no of any of the case where wife is earning( more then the husband...)
Dear Arun, if you have any judgement in this regards as commented above pls. share...
Dear Kande, pls. share the details of the order if it is possible from your end.
Regards, Shekhar
Kiran Kumar
(Expert) 15 August 2008
yes wife can claim maintenance, as per the observation of the courts, husband can not skip social and matrimonial liabilities.
for latest judgments we would advice u pls consult a local lawyer, if u r not a lawyer.....or pls browse through the library.
Shekhar
(Querist) 17 August 2008
pls. give your input over the circumstances on maintainability!!
1) The girl never stayed in the groom house so the marriage has never been consummated!!
2) Her father in the recorded conversation state that she never wanted to get marry..
3) the conversation also revels that the other party had no intention to get the relation in process.
4) she had already admits before court that she is earning more then the husband.
Srinivas.B.S.S.T
(Expert) 18 August 2008
Sir it would be helpful for us if you disclose the entire facts of the case in your first query itself so that we can give a suitable reply for the same. Giving information is piecemeal will help no one.
Shekhar
(Querist) 19 August 2008
Sri, I did not mean to give any false facts! but the reality i have faced which is there in the last 4 four points i made! Pls. reply/answer on the facts!!! and pls. share any jugdement / order as plead in the previously...
Srinivas.B.S.S.T
(Expert) 21 August 2008
Sir i dont mean to offend you
Now coming to your query
1) if the marriage is not cossummated as a result of impotency of wife you can seek nullity of marriage. I think i have give the order in your other query.
2) recorded statement of her father has no validity in HM Act case as he is not the competent person to disclose the will or unwill of his daughter but you can use it as piece of evidence in criminal case such as 498-A
3) DO you mean that the wife herself given in writing that she is not interested in the marriage? or you are taling about taperecord conversation. If you are talking about taperecord converstaion, then the burden of prooving that the voices belong to the persons whom ou claim and that the tape is not altered, will be upon you.
4) If she admitted before the court that she earns more than her husband then no court will award maintenance to her.
Hope your doubts are clarified. If you have any further you are free to ask the same. Regards
Shekhar
(Querist) 21 August 2008
partially not as a straight!!! But I have couple of written paper from her stating “ giving the articles back" as well as "I wants also to sort out the matter"…. THAT’S IT …..
Srinivas.B.S.S.T
(Expert) 21 August 2008
Sir she may contest that those papers are obtained under force and pressure or she may decline the execution of the same.
Shekhar
(Querist) 23 August 2008
One paper she has sent it through her father and other is infront of SI & IO of the case!
Srinivas.B.S.S.T
(Expert) 23 August 2008
Did SI and IO recorded receipt or execution of such document in their presence, at any stage of their investigation or any where in the chargesheet?. What about what you are saying in item No. 4 of your query about she admitting the fact that she is earning more than the husband before court? has she filed any affidavit to that effect? or she admitted in her cross-examination?
Shekhar
(Querist) 23 August 2008
Yes, it is very much there with the IO! and regarding item 4 she admitted before court as of now with out affidavit but court on the same day asked her to file maintenance about her stated fact!!!
SANJAY DIXIT
(Expert) 26 August 2008
Dear members,
Pls & pls don't take it otherwise, but I'm confused, whether it is a disussion forum???
SANJAY DIXIT
(Expert) 26 August 2008
Dear all the members,
Pls make ur querry in first instance in toto, so that expert members may provide their views/ opinionns more accurately.
Shekhar
(Querist) 30 August 2008
Thanks, Sri & Sanjay... Here query is of mature kind! where a discussion may or may not happen, though i request to all pls. make the query in first or in reply itself!!! so these qualified expert will conserve their expertise in some other query...
As a author, it is a nice facility in the interest of Public to give your opinion about the case or the matter and guide the author to the right direction!
Shekhar
(Querist) 03 September 2008
resolved... Thanks
