Maintenance under crpc 125- stay/revision
RAMJI
(Querist) 06 August 2012
This query is : Resolved
Wife filed divorce in 2010 on cruelty and desertion (false..), husband attended case and persuaded for reunion on interest of child but the GREAT wife colluded with parents and prefered divorce even as exparte... husband just lefft her to decide and at one time husband was set exparte and she took decree with her only proof affidavit (just a mere replica of her petition) without giving any doc/ person witness....... interestingly the order reads that "petitioner was assaulted"..... (BY WHOM when where how and witness is missing) is missing....later just to pull the husby to court again.. she filed maintenance for her &child under crpc 125... husby appeared and persuaded again for reunion even now during counselling... she opted out and preferred only money.... court told husby to file counter.... counter filed on MC challening expart order on various grounds and also cause of action shown by her in MC/ CRPC is on different date than that of shown in divorce order....husby had brought out this in his counter and further enquiry is to commence.... with this back ground my questions are as below, pls give your views...
1. As the divorce is on exparte without witness on the false grounds of cruelty &desertion...... will this court be able to pass any interim order without even conducting trial on the present MC/crpc125.. wherein the husband has got evidencce to prove the " desertion was by her" and " cruelty is not by husby" as the order simply reads " petitioner was assaulted" ( who assaulted, where when is missing..) means that she did not give any evidence prooving it was by husby only.....
2. As a precaution, can the husband file under 307 crpc or any relevant seeking stay from sessions / high court " for examination of records or so...."
4. Can he file for maintenance for husband u/s 24 of HMA..... pending the crpc125..
3. Please give your feed backs / ideas " in what way husband can stop this interim maintenance order (except for child)....
Thanks & Regards
RAMJI
ajay sethi
(Expert) 06 August 2012
is the wife working ? if she is well qualified and working he wont be liable to pay maintenance .
if diovrce has been granted exparte husband can make application for setting aise exparte decree .
RAMJI
(Querist) 08 August 2012
Dear mr ajay
thanks for reply.... but
1. she is well qualified (Msc B.Ed)at the moment purposely not employed...
2. having share in her ancestral properties....and getting rental income
3.having got exparte order.. even during counselling of M.C petition... husband was willing to reunite... but she opted out and wanted only money...
( in all 3 points there SC citations " no maintenance").. pls give any more citations if you can...
4. somehow.... they expect the husband to set aside so that...... they may have more chance to build the case again.... on various grounds.... and also will weaken the standi of civil suit filed by husband on behalf of the child claiming partition in ancestral ppty of wife ... because cause for dispute came from ppty that the so called fatherin law did not give share to his 3 daughters and he was threatening all son in laws by showing..... divorce as mantra.... but he failed wrt this son in law mr exparte.... who may set aside if father inlaw settles the suit.... so that wife gets her rights and titles.. till such time wife also has no problem is living with her parents showing the decree of divorce and HENCE SHE HAS LIVING RIGHTS IN ANCESTRAL PPTY AS A COPARCENER.....
any more views are welcome sir...
regards
ramji
