Ailmony amount

Querist : Anonymous (Querist) 18 May 2010 This query is : Resolved
Hello experts,

Kindly share your thoughts on the following.

My friend is married and has a kid. After 1 year of marriage,his wife had an verbal argument with her in laws and neither visited her in laws place nor the husband's place after that.She was very adamant and was firm in her decision and didn't visited till date (almost 4 years after marriage). The mutual discussion to convice her also didn't help. Now his wife has moved to the local women's police station and lodged a complaint under the pretext that her husband is not accepting her. Few days back, my frieds parents received a notice from the local police station to appear before them. It appears that she is more interested in the ailmony amount. My friend has lost his job in the global meltdown time and still is searching for a job for the last 4 months.

Kindly let us know the possible ways out how to avoid this.

His wife is a post graduate and capable of working.

My friend's parents are very old and it is difficult on their part to go through the legal and court formalities and they are financially not sound. They don't want a divorce but the girl's parents are very much after the ailmony amount.

Kindly share your thoughts.

Thanks and regards

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adv. rajeev ( rajoo ) (Expert) 18 May 2010
let him file restitution of conjugal rights case against the wife.

Guest (Expert) 19 May 2010
He is liable to pay maintenance on the basis of his earning capacity. The excuse that she is a post graduate and is capable to work will not do. But, first let her file an appropriate case for maintenace and then only you worry. You do not file RCR. RCR does not have any immunity to the husband for not filing maintenance. After his filing RCR, she enters in the case and the first thing she does is to file an application under Section 24 and he has to pay monthly maintenance till the disposal of the case as well as litigation expenses. His explanation that she has left him without reasonable cause cannot be considered till the end of the case.

Sachin Bhatia (Expert) 19 May 2010
File a case unser section 9 of The Hindu Marriage Act, 1956 for restitution of conjugal rights.

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