Maintenance under section 125 of crpc
shashi
(Querist) 22 July 2015
This query is : Resolved
I would like to know about the maintenance under section 125 of CRPC. I got married on Dec- 2011. I have 3 years old daughter . My wife is not living with me since September 2013 (two year). She is under the misguidance of her father and mother. She is well qualified (MA) and did Aviation from a reputed institute(Frankfine) and also pursuing B.Ed from Some college. I made all efforts to come back but she wants only money and property from me. But she denied my request. She took away all jewellery and other belongings. then I file Matrimonial Rescution 9 Act. and she file 498A in reply.
we took Anticipatic bell after compromised but again make quarrel and went to in-law house. Now she filed a case of maintenance under section 125 CRPC . In her petition , She also made grounds of Section 498A. Court has charge 10000/- litigation cost and 2000/ per month- Pendent alimony. and 3000/ per month - in 125crPC as interim cost in civil cout.
What can I do to avoid maintenance . Plz suggest me.
SAINATH DEVALLA
(Expert) 22 July 2015
Qualified wife can't sit idle and claim maintenance: Bombay High Court:
A well qualified wife is not entitled to remain idle and harass her husband by claiming maintenance when she is capable to earn; she is not entitled to take advantage when she is in the wrong. This is what a family court said while rejecting the plea for maintenance from her estranged husband.
From the evidence placed before it, the court held, "It is clear that the wife has a good capacity to earn, thus she is not liable to get maintenance from her husband."
What were wife's grounds for demanding maintenance?
The woman had recently approached the court, seeking maintenance. Her application claimed that she was tortured at the hands of her in-laws, so she was staying separately in her maternal house since 2011. Her parents had to bear her additional expenses, the application claimed, and demanded maintenance from her husband.
What did she say to establish husband's riches?
She further claimed that her husband and his family had an affluent, business background, and makes profits of Rs15 lakh per month. She said that he owns several properties across the country and also in Dubai. "The husband has six companies, and 20 bank accounts in Mumbai, Bangalore and Dubai. His younger brother is working in London, his two siblings are into family business. He frequently travels abroad for his garment business. Considering the husband's status, the woman has demanded a monthly maintenance of Rs 2 lakh," reads the copy.
How did the husband counter her arguments?
The husband, however, claimed that in the first place, the woman is not his lawfully wedded wife, since the marriage was dissolved by way of talaq on September 2014. He also stated in his reply that she is a dietician and conducts private sessions at reputable institutes in Mumbai. He said she earns nothing less than Rs50,000 a month. Also, she has made huge investments, amounting to Rs 1 crore, in the form of gold and diamonds, which she has hidden in a separate bank locker, he claimed.
Why did the court say this case was different?
After going through the arguments by both the parties, the court held that as per the revised Muslim law, though a wife is entitled to get maintenance from her husband till the time she does not remarry, this case is different. "In this case, the woman is capable enough to earn and take care of herself. Thus, as per a judgment passed by a Madhya Pradesh high court, the woman, who is well qualified, cannot seek maintenance and cannot harass her husband," the court said, and rejected her plea.
Rajendra K Goyal
(Expert) 22 July 2015
Final orders for maintenance has not been passed, you can wait. However, if you think the orders need to be challenged, may go for appeal against the orders of the family court.
Laxmi Kant Joshi
(Expert) 22 July 2015
Fight your case on their merits, submit evidences of her education and capability to earn for herself maintenance before the court, convince the court if court satisfied with your evidences then the court can refuse to pay her maintenance , but you have to pay for maintenance of your child as it is joint responsibility of parents .
P. Venu
(Expert) 23 July 2015
There is fair chance that in the final verdict, you may not have to pay maintenance to wife, you are liable to maintain the child.
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
In the given circumstances you may not be able to avoid maintenance because she is not employed but you have to challenge her grounds and reasons for staying away and establish that it was not due to your fault that she has opted to live separately. You may find some grounds to get her claim repudiated.
