Interim maintenance claim by wife u/s 24, r/w sec 151 of cpc
SRINIVAS
(Querist) 27 May 2013
This query is : Resolved
Dear Sir,
Greetings for the day!!
I seek some help from you as being one of the victims of Interim Maintenance case sought by my Wife.
To make you understand I will put you some important basic & imp facts which would help you in helping me out and your suggestions and introducing the back ground.
I am working in leading pvt sector bank & the only son to my father. In the year 2006 my father expired. I have a sister who is married and living happily.
In the year 2008, through a jyothimatrimony site (website) I got a match from Mrs. B ( wife) and after going through lot of chat and tele conversation, we met for the first time. Then I was working in Bangalore. During my meeting I had explained about my family and about my dependent mother and what my requirements. I prefer a homely girl who could be part of my family being bit orthodox family.
Well all went fine and March 2008 our marriage took place & went to Honeymoon too. In June 2008, after 22 days leave I reported back to duty and the office work was hectic being March Month as whole world knows, generally banker would have lot of pressures and work.
In June 2008 I was transferred to branch in Andhra Pradesh. After reporting within 2 days, I received call from my mother stating my wife is hospitalized and the doctors when contacted informed that she has to undergo a operation as her Tumor has filled in. Thought the operation was minor, the surgery ended successfully and after a week my wife got discharged from Hospital.
We have advised my father in law to take her to our family doctor at Hyderabad once again to cross check our heath such that once she has take sufficient rest she could be sent back to my place where I got transferred and after the “AASHADAM” (in this month generally, bride and mother in law wouldn’t be in the same house as a south custom).
Surprisingly nothing had happened the way we expected that she would be returning. Though I had written a 1st letter to my father in law in Sep / Oct 2008 asking him to send my wife to join me since the month AASHADM has completed. To our surprise no reply or phone call were received even to my next couple of letters written to her.
In between when made a phone call, she was threatening my mother and me to send us to jail if anything had happened to her while she was in hospital. There were other allegations made by her are that we are stingy, I am impotent, and my mother is not a good lady. Moreover, I am drunkard.
While time passed by for 3 good year, in the year 2011 I spoke to my legal advocate & tried to file a Divorce petition though it could be served as the house where my in laws, wife stayed was vacated for reasons unknown. Later when the Judge had asked to resent the notice, it finally got served at the same address though no one lives as they moved to a flat to near by location. I found this reality after enquiries I made to make my notice served duly.
Since all my trials had gone waste and there was no chance of she coming & joining me I thought filing would be the only option left for me. Hence, I had to do this.
I believe that we have not filed under Restitution of Conjugal Rights..
When the time had come for her to file counter for my divorce petition, she has stated all my statements are false and asked for a interim maintenance of Rs. 30,000/- per month as my salary is around 80,000/- and working in bank thought she could get happy ransom.
The fact is she has gone to her parents only after the surgery and she lived hardly with me for about 24.03.08 to 02.06.2008 while we were residing in Bangalore. My mother had taken care very well and she was instrumental to take her to the hospital while she was sick. My mother could not know any of the local language and herself being a heart patient with BP & Sugar already existing; she managed the show to make her to the hospital and took all pains that she is diagnosed well.
Thought she would be my better half and live a peaceful life, she has taken away my cream of life and now wants money by means of law.
Truly I have taken care well except for that I was busy in office work being March Month which thought she would understood. Our personal life was also happy. There were no regrets of my marriage with her. But things turned differently after she had gone back to her parents at Hyderabad post surgery in Bangalore. The entire expenditure was taken care by my bank only and some part I had to pay in cash while discharging.
Having gone through such mental trauma and pain and being in private organization, I have no longer thoughts of joining her and want to separate as friends. She has offended my feelings of marriage, my marital life and my parents in disgraceful manner making us ashamed in the society.
I now humbly request you to suggest me to way out for coming of out this Maintenance Case as I could see that my wife is only exploring the ways in better utilsing the law made for the Good.
I sincerely wait for your early reply and to inform you that I have to file counter on 3rd June 2013
ajay sethi
(Expert) 27 May 2013
in your petition for divorce you must have pleaded that your wife has left matrimonal home out of her free will and that she has refused to come and stay with you inspite of repeated reminders .
wife who refuses to stay with her husband is not entitled to maintenance . you have not mentioned whether your wife is working or not . if your wife is working she may not get maintenance .
it is necessary to go through the petition filed by you for divorce and reply filed by her . your lawyer will do the needful
ajay sethi
(Expert) 27 May 2013
Supreme Court of India: ‘No alimony for woman who desert husband’
New Delhi, Nov 18
In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.
Upholding a decision of the Punjab and Haryana High Court, a bench headed by Justice V S Sirpurkar said the law of the land did not allow maintenance in cases where the wife deserted her husband, children and the matrimonial home.
In the case before the Punjab and Haryana High Court, Poonam, who was married to Mahender Kumar of Jind on January 23, 1992, left her matrimonial home on March 18, 1998, alleging harassment and dowry demands. She also left her children.
Poonam later moved the family court, seeking divorce on grounds of cruelty. But Mahender Kumar filed an application before the court on February 20, 2002, praying for restoration of conjugal rights under the Hindu Marriage Act.
She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home.
Fresh appeal
Two years later, Poonam approached the family court again, seeking divorce — on the ground that she was living separately — and demanding maintenance.
Though the court granted her divorce, her appeal for maintenance was turned down.
The Supreme Court bench said: “You left the matrimonial home on your own, and now you want maintenance. Is this the law of the country? What is the justification for your staying separately?”
No ill-treatment
When the case reached the Supreme Court, Poonam challenged the Punjab and Haryana High Court’s decision, seeking maintenance of Rs 4,000 per month from Mahender.
The high court judgment said she had failed to prove that she was ill-treated by her former husband.
Additionally, the court observed: “Failure of the petitioner-wife to justify her decision to stay away from the respondent-husband and two kids
shows that she had left society of the respondent on her own accord.”
SRINIVAS
(Querist) 27 May 2013
Sir,
I inform you that she is currently not working. But she is capable to maintain herself as she has gone a tour of good number of countries and while staying in US along with her brother & sister, she earned good amount and she has a Overseas Bank account too..However, I cannot prove any of these as no details exist with me.
She has left our house post surgery as I stated in initial case. Its almost now 3 year 5 m & in Dec 11 I filed for Divorce for having not joining me...
Raj Kumar Makkad
(Expert) 27 May 2013
As the additional facts of earning of your wife cannot be proved by you so those shall not help you. You can rely upon all other facts under your knowledge and based upon documents. Do prove your case before the court.
R.K Nanda
(Expert) 27 May 2013
consult local lawyer.
Devajyoti Barman
(Expert) 27 May 2013
Getting divorce of the ground of desertion is no defence to avoid maintenance.
ajay sethi
(Expert) 28 May 2013
since your wife is not working and you are earning Rs 80,000 a month court may direct you to pay her interim maintenance . stress on your wife qualifcations and that she is deliberately not working although well qualified .
SRINIVAS
(Querist) 29 May 2013
Well Thank You one and all for the valuable advices given. However, Im not sure as to how to go about it though I put forward my case stating the inputs given by you. AS said the law is lady biased, Hope I get justice from a person who is misutilising the law. Hope I get through at the earliest.
However, if any others, too, please advise...ThankU one and all
ajay sethi
(Expert) 30 May 2013
your lawyer will do the needful
