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(Guest)

Am i eligible for maintenance

I got married in March,2011. Since then i was with my husband. In starting 3-4 months everything was normal. Then my husband and his family members started blaming on me for not getting pregnant, for a job etc. My In-laws used to do all these things on phone. My husband supported their views. Sometimes he behaved normally but most of the time abnormally. He was not even ready to bear my personal expences and medical expences. But I was with him with a hope that very soon he will realize and will behave properly. In public appearances he was always very nice to me. He took my mobile and put a condition that if you want to live with me finish all your contacts with your pre marriage family. Time to time they people demanded Gold and Cash from my parental house. Everytime it was fulfilled as per capacity of my parental family. After one year of marriage my mother came to meet me. He didn't like it. He again demanded. This time my mother refused. Then he pressurized us. Even he gave life threat to us. But my mother refused. Then he called police for me and my mother with a written complain that we are conspiring against him. He also mentioned in his complaint that i refused to do s*x with him and deliderately avoiding pregnancy. He has seen some contraceptive pills with me. These are totally false allegations. When he called police i was totally shocked. I was not able to understand what to do. Then i called my brother. After coming of my brother I went to police station, explained all the situation and given a written statement. My mother given a written application to police officials to take permission to take me with her because of my security concern.

After that my husband started sending letters to SP of my home town to immediately return his wife after investigation. He used to send letters with lot of false allegations of loot, decoity, snathing, physical and mental harrassment against me, my parents, brother etc. Even his mother also sending letters to the officials of my parents and brother to take action against them.

He is not ready to accept his mistakes. That's why i filed a maintenance case. He said to me you left your house without my will and consent. That's why you are not eligible for any maintenance from my side. I want to know that I am eligible for maintenance or not???



Learning

 3 Replies

radhika (housewife)     18 July 2012

hi Gunjan,,, i have also gone through the same situation tht u are facing... , so in your case, first u approach Women Commission where ever u residing ...(https://ncw.nic.in/frmListStateCommission.aspx)  file a complain and they will take an action, also if your case goes to the court, this women commission hearing will be of great help, as u want to save your marriage. Before going to the court or appointing a lawyer , I approached Women Commission, personally visited their office, and thy filed my complain, as my husband was called there but he refused take care of me and continue the relation with me (though he did not have any valid reason for discontinuation of the marriage, as he is under his parents pressure) , and told tht if she wants to stay with me, (means I) have to live as per his parents condition and have to discontinue my relation with my per-family. And i was suggested to take a legal action against my in-laws and husband. Also,  i got a written letter from the Women commission tht My husband is not ready to take any of my responsibility and not letting me to live my life a normal human being.

i will suggest u do not go to the court at the initial stage... because one u have gone to the court, its a long procedure ... but if ur husband and in-laws hve crossed the limit then no option left.... but approach Women Commission first.... could be of help...

In women commission.. counselling will happen...may be ur husband will realize wht marriage is all about.... and how to make a balance between a wife and  parents

But my husband has filed a case for RCR section 9 hindu marriage act (means: he wants me back in his life through court), i want to stay with my husband but not with my in-laws because of thr continuous interference in my life and my -inlws have also threatened me many time... now, i hve filed a maintenance case, as i have a commission letter.. as a proof,  First case hearing will happen on the end of this month... lets see... wht happen next. Also if your husband files a case against u , u can appeal for a case transfer where u r  currently residing.

and if possible if u talk to your husband or in-laws over the phone or face to face, record the conversation , so tht u can show the court their true picture......

all the best.. hope ur marriage should not go the court... and things get resolve easily..... b/w u and ur husband...


(Guest)
U both become one first and then harash ur husband, fil, mil, etc. Dnt leave anyone. Good luck

Tajobsindia (Senior Partner )     18 July 2012

@ Author of this thread post

1. You may be eligible for maintenance under S. 125 CrPC if husband has “neglected” you and you can prove his “earning capacity” provided you are not earning sufficiently and are in "destitution" status currently.
2. Above are to be shown prime facie and no absolute proof in initial award stage necessary.
3. It is a social justice benevolent provision procedurally governed by CrPC The Code for implementation wise and works fine even by filing simple Affidavit and complete proceedings are prime facie in nature in initial stages to get interim maintenance award fast.
4. To receive permanent maintenance in same proceedings above para 1 quote needs to be proved by your side.
5. People suggest involving CAW / Police but in my opinion if a wife one side says “I want to maintain matrimony” then civil laws should always be resorted to. I am also fully aware Civil Laws takes time but so do Criminal Family Laws. Rosy picture during Chamber meetings given to abalas is that by using Criminal Laws effective and speedy remedy "I will get for you" but in actual scenarios it is not so. The moment police is seen at matrimonial homes a fear and repulsion in husband / in laws psychic develops and such marriages with time lapse ends up into divorce only.
6. At S. 125 CrPC proceedings there shall be some reconciliation steps taking place before interim award granted and it is bilateral give and take civil proceedings no matter how many chapters you say about “I want to maintain my matrimony” there i.e. before the Counselors, your Husband also should have same mind set otherwise case proceeds and ends in some or the other format of divorce at the end of the day. 


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