what can be done to avoid maintenence cost
Aastha
(Querist) 25 September 2010
This query is : Resolved
Dear Sir
It is a humble request if u can help me. The case is about my brother who got married in 2003.He and his wife never had amicable time with each other as wife always inclined towards her family.Boy wanted her to have interest in his parents and siblings but it never happened. Girl used to visit her parents almost every month. It also happened once that when boy stopped the girl from visiting her parents' place ,she threatened that if he would not let her go she would eat sleeping piles.Time passed they had two children. She started living at her parents' place and asked the boy to stay at her parents' place else she will make dowry charges on him. The boy and his parents went numerous times at the girl's place to request her come back with children but each time the girl never came in picture rather her parents humiliated the boy and his parents each time.
Now the girl has filed a case for mainteinence in court. The boy is not earning much rather he is dependent on his parents as he is not able to concentrate on his work due to mental stress.
My question is that where wife herself is not ready to settle in family out of no reason then why should she claim maintainence. I must add that nothig adverse happened with the girl at her in laws place which she has also accepted in front of an NGO which also tried to resolve the matter. I doubt if she having any extra marital affair.
Arvind Singh Chauhan
(Expert) 25 September 2010
If you can prove that she left her matrimonial home without any sufficient cause and on her own will, she is not entitled to maintenance.
Aastha
(Querist) 29 September 2010
Dear Sir
Thanx for your expert advice. But sorry to inform you that court has ordered for monthly maintainenece cost @ Rs 5,000 p.m from retrospective date. Copy of order yet to come.Kindly advise if appeal be filed to session court. or any course of action available.
Rgrds
