Regarding 125 maintainance
Radha
(Querist) 13 August 2014
This query is : Resolved
Dear Sir/Experts,
I have filed a 125 case on my husband for seeking maintenance from him. I have a small son and I work in a corporate company. I earn 25000 per month in hand salary. My husband is a businessman and he owns property also. The problem is that the business is owned by my FIL & all properties is in my FIL and MIL name and nothing is in my husbands name.
On my lawyer's advice, I mentioned my salary as 10000 and his monthly income as Rs. 300000 and I also mentioned that he owns a building. Now I am not able to give any income proof of my husband.
What legal steps I should take to get maximum maintenance from my husband. I have not allowed my husband to see or talk to my son and also I have not attended to the RCR case filed by him. Also there is a 420 case filed by my husband on me.
Kindly suggest the steps I should take to get maximum maintenance order for me and my kid. I have demanded 50000 per month in my 125 case.
R.K Nanda
(Expert) 13 August 2014
consult ur lawyer.
dr g balakrishnan
(Expert) 13 August 2014
mdm, see you filed 125 Cr.PC complaint a criminal complaint. Actually toy need not defend but yr husband need to defend himself as all criminal complaints are State prosecution cases.
you just say that to say that you cannot provide the standard of living what your husband was able to give and it is legal responsibility of husband or inlaws to provide that level to his child that is all, however you can say he has to say about his income and need to respond or defend that is all; else you fall into trap that he would take refuge, after all police investigation need to find details of his income. that is all
Radha
(Querist) 13 August 2014
Mr dr g balakrihanan, as per my knowledge 125 is a civil suit and not a criminal suit barring that the procedure of crpc is followed and there is no involvement of police in this case. He will claim that he has no income because he has shifted to his home town and left his job. His father runs the home and I cannot ask maintenance from my FIL.
M.Sheik Mohammed Ali
(Expert) 13 August 2014
if you proved your side you can get more maitenance amount. where are you from ? can you submit your husband income tax proof.
dr g balakrishnan
(Expert) 14 August 2014
maintenanse under sec 125 is a cr p c procedure mdm Radha, you need to move in a judicial magistrate or metropolitan court
Sudhir Kumar, Advocate
(Expert) 14 August 2014
link
http://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U-v5c6NvdG1
Radha
(Querist) 14 August 2014
My husband files income tax return of only 2-3 lacs annually. He is a businessman and he hides his income. And most of the business is in his father's name. So it is difficult to prove his income.
I want that the court allows so much maintenance that he is not able to give and will have no option but to give me divorce.
My strategy is simple
Bring all his money.
Bring all the jewelry.
File criminal cases on everyone in his family.
File for maintenance.
Don't let him meet the kid. He will break financially and emotionally.
And say that he wants divorce and how I will live my life with no money and a kid.
In that way he will have no option but to give divorce and also alimony in the form of his parents property.
It is a simple but very effective strategy and all girls should learn from my experience.
V R SHROFF
(Expert) 14 August 2014
There are other means to prove husband income.. Dis his i tax return shows he gave loan to you or your brother for wh u facing 138 case???
Good news that now 138 can be trf in your city where chq bounced ..
You need to change your Advocate,it seems!!
Radha
(Querist) 14 August 2014
Yes he is a business man and he maintains his books of accounts and files his returns every year. He also maintains his balance sheet. He also has my balance sheets and income tax papers with him.
The cheque bounced in his city only and my account was in another city. And i am staying with my parents in another city.
Radha
(Querist) 14 August 2014
And my lawyer says that it does not matter from where he got the money. He just need to prove that the money which he gave came from his account to my bank account.
And he is claiming that he gave all his life savings to me.
And if i mention about my cheque bounce case in 125, the magistrate will come to know that i have money in my account and this may adversely effect my case.
ajay sethi
(Expert) 14 August 2014
income tax returns do not truly reflect person income . generally true income is not declared and filed in income tax returns . you should lay emphasis on his life style in your maintenance application . whether he owns any car ? membership of clubs? credit cards owned by him ? his spending habits as reflected in credit card statements etc
Radha
(Querist) 14 August 2014
He maintains a second hand alto. Although he gifted a new car to his father saying that it may be his last car and we can manage with this car. He used to say that many people in India cannot afford a car. So he feels good that at least he can afford a second hand car. His monthly credit card bill was around 10000 per month on an average which included petrol bill, mobile bills, electricity and other house hold expenses. He do not have any membership in any club.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 August 2014
Essentially u have to substantiate husbands income by evidence n style of his living which will help u to get maximum maintenance.
dr g balakrishnan
(Expert) 14 August 2014
SEE, what do u understand by marriage? Once Marriage takes place the spouses being heterogeneous in nature the marriage means both do incompatible functions contract is ascertained.
Husband need to maintain his wife life long, she would give him his progeny perpetuation, then she would feed the child, as also caretaking household of her husband, that she is not paid any salary but contractual obligation is husband is to protect her till her death and protect the progeny created through her ever as long as he is alive and then his parents called in laws and that way she is entitled the husband's property if he does not have his parents need to provide is Hindu law, so any deviation is considered a crime thus criminal law took over sec 125 to provide the necessary maintenance of the wife and the children created by the husband is the doctrine of Hindu law.
Husband is liable to protect her when she is cruelly treated by him and Hindu law ever recognized the doctrine of divorce, so Satapadi n marriage confirms they are for next seven generations are in unison, when so if any contrary law is made or sections are created, the cort under judicial review either declare void ab initio or use doctrine of severability of any such conflicting section with basic doctrines.
so hindu law never expects wife need to go for job as going for any job elsewhere affects her status of wife and if husband forces her naturally she has a right to stay out and yet get all status of wife conditions of life.
courts need to work on laid down doctrines only not under misunderstood statutes please!
so husband has to maintain you under all circumstances.your going for job earning is an error he caused and he cannot take umbrage is the doctrine of hindu marriage please!
Radha
(Querist) 15 August 2014
Thanks drg balakrishnan ji. If I had a lawyer like you, I would have crushed my husband and brought him to my knees.
manoj joshi
(Expert) 15 August 2014
i ve a solution for u if u can do
register a f.i.r agaist him u/s 498a ipc
and also in protection of women from domestic violence act
regd
9927822660
Radha
(Querist) 16 August 2014
I have already filed the same and he has also filed criminal case against me.
Radha
(Querist) 18 August 2014
I want a lawyer who can take care of all my cases filed by my husband. Someone who can take all decisions and charge me as per his work, but I do not want to visit the court even once unless it is absolutely necessary.
Radha
(Querist) 19 August 2014
I hope my truth has not offended many people. Everyone can see themselves that a girl cannot even contest the cases against her husband with all force. Even lawyers who are supposed to help its client do not want to use all possible weapons in favour of girl.
Its a man's world and despite all laws in our favour, the mindset is still to protect man. My husband and all his family members are still out despite a dowry case against them.
dr g balakrishnan
(Expert) 20 August 2014
mdm. how your marriage got solemnized, is under hindu law by regular ceremonial rituals? if so resort to hindu law only, after all marriage is a contractual obligation under any law.
Any breach like not maintaining the wife per obligations as expected per that doctrine is the base ;
It is presumed in hindu marriage Act there are two schools Mitakshara and Dhayabhaga , Mitakshara is applicable all over India while only Bengal follows dhatabhaga doctrines in regard to property, as when a husband treats the wife as a slave he falls in breach of contract as ardhanareshwara principle say man and wife become ardhanaewshwara, ISHWARA means He has to take care of his wife as he would care himself is the principle.
this means he has to respect wife like his mother as she replaces mother to that husband , would any one not support mother?
wife is one step higher as she begets for that husband a progeny which only dharma based wife that is lawfully married wife per hindu dharma only can be the propagator of progeny to that hindu husband.
Courts listen to your arguments as also refer scriptures that way judgements are formed. so any statute failing the dharmic principles face doctrine of severability or voidability called 'void abinitio' that need be stressed, governments need to honor individual tights of all citizens under fundamental rights that need to be stressed. if not governance fails of governments.
you need to have forceful lawyer who knows your religious dharmas, after all dharmas are no dramas of legislature but well founded by convention and customs and traditions.
May be several good lawyers would be available in your areas and they might be knowing hindu laws properly,
lower courts might fail you so allow the lower courts dismiss your case but move to high courts and they would correctly dispense your matter after all these custodian courts would ensure justice seemed to have been done principle they would follow, so we have higher judiciary please!
Radha
(Querist) 20 August 2014
So according to you, I can claim half of my husbands income as alimony and also half of his property. But what about the cheque bounce and cheating case that he filed against me. How can a person file a case against his own wife. Is there any provision in Hindu tradition that husband can claim money from wife once he has given it to her.
Radha
(Querist) 27 August 2014
deleted by me
Radha
T. Kalaiselvan, Advocate
(Expert) 19 August 2014
