Can wife file maintenance without any other charge/ case ?

Yes she can. You can use all these points to deny it

she can file maintainence suit, however maintainence petition cannot be quashed.

yes she can file a case of maintenanc3e under crpc 125 without filing dv or 498a.with whatever points you had highlighted you can argue but it is finally at the discretion of the court to decide whether to give maintenance to your wife or not (c) She is capable to maintain herself considering her qualification (B.E. degree holder and used to work before marriage). even if she is capable of maintaining herself by working somewhere she would be entitled for maintenance and you cant deny just because she is highly educated and had worked in the past

1. Yes she can file a maintenance suit with out filing DV and 498A cases 

2. maintenance suit can not be quashed 

Hi All,

 

Thanks for your input.

 

As it is clearly visible in front of all those who seen it from the ground that wife and her parent are trying to loot by extortion/blackmailing. They are falsely making allegation which proved during mutual discussion amongst relatives and can also be proved in front of the court during litigation.

 

MP high court Indore bench said in decision:

(Civil Revision No. 1290/99 Decided On: 24.03.2000 - Appellants: Smt. Mamta Jaiswal / Respondent: Rajesh Jaiswal)

 

• No maintenance to well qualified and capable Wife.
• A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente life alimony.
• The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose.
• The law does not help indolents as well idles so also does not want an army of self made lazy idles.
• Well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have to be discouraged, if the society wants to progress

 

(There are also 100s of court’s decision to deny maintenance)

 

Now, I am seeking advice on:

 

1. She could have tried to send me summon in such a way to not delivered to me and approach for ex parte decision.
2. If a parent is not bound to maintain a child above age of 18years (who remains idle not doing any work) then how it can be forced to husband to maintain her wife considering she is misusing the law.
3. How to fight the legal battle to stop this loot (CrPC 125/HMA24).
4. How to put up the case that the wife (and her parent) who does crime of blackmailing/extortion by such legal terrorism (false 498A, DV, maintenance etc.) can get awarded by maintenance instead of punishment.
5. What could be the option to counter against them legally.

 

Please advice. Thanks.

Hi Jai
I suspect your narration of the facts has something hidden which you are not trying to reveal. If you really want to get some good suggestions then you must come out with the facts. The way you expressed the things and putting total blame on your wife and her parents does not seem to be true. In my 37 years of experience in dealing with marriage conflicts I have never found a case where total blame goes on one side.
Can you answer these questions:
What is the reason they decided to marry their daughter with you if they had such a plan from day one of the marriage?
What is your qualifiacation and what job you are doing ?
What kind of personality you have?
Your statement that you tried to love your wife seems totally false. The person who loves his wife will not be busy collecting proofs against her and her parents. I therefore request you to please narrate facts in a better way if you need any social or legal help. Truth is always bitter.
I hope you will take my suggestion in a positive manner. Another suggestion would be please don't try to take sympathy just narrating one side of the story.
 

Now a days, it is very common by greedy wife to use 498A or DV to get divorce and maintenance as free salary without work. Even, Supreme Court feels it objectionable that’s why termed it as legal terrorism. You cannot protect yourself until you fight back.

She can file maintenance but you can put your points to deny based on desertion and her qualification/ capabilities. No option to quash.  You can fight back with IPC 177, IPC 182, IPC 194, IPC 195, IPC 211, IPC 380, IPC 498, IPC 499 and there are many more options based on situation. Get the good lawyer in your city and explore the possible options.

Kapil Sethi,

I would like to present to you based on facts of innumerable cases thats piling up at Family courts and statistics available on record to prove that women are misusing the 498a/DV laws meant and made for protecting really deserving women. The number of people who are found guilty under 498a is extremely low and even supreme court has said the laws meant for protecting women are being misused.

 

I agree with your statement  "I have never found a case where total blame goes on one side." .....

I  would like to tell you that when marital issues crop up in a marriage, it is very easy for a women to take advantage of her own wrong by misusing the women laws and make the husband surrender and dance to her tunes thereafter. From the post of Mr Jay im not saying he has done no wrong in the marriage but what can be figured out is his attempts to resolve marital conflicts within couple/ by involving elders in the family.  I would also like to state that had he not gathered those evidences ,life would have been difficult for him. He has done no mistake by protecting /defending himself and his family. Precaution is better than cure.

There are innumerable cases where people break marriages for sake of their negative EGO & stubborn nature, these are the people who do not want to discuss /change n resolve issues.  They will never accept their MISTAKES.......NEVER !. It is those marriages that are contested and run in courts for several years where people try to derive satisfaction by teaching the other party a lesson. And when one can also teach a lesson and earn free money through legal extortion then its a wonderful game for them !!!

 

Many thanks Sonali mam and Born Fighter sir for your valued input.

 

I assumed that I explained sufficiently for seeking advice but still Kapil Sethi suspects hiding truth. Even somebody says it doesn’t seem truth but this is 100% truth. This platform is not to get sympathy rather providing/getting suggestion from experienced or knowledge full person. Kapil did not give any suggestion and saying 37 years of experience is meaningless considering almost 90% dowry cases are false. Having security guard in front of house doesn’t mean for attacking someone, it is for protection. Similarly collecting proofs is for protection or else it would be biggest challenge to make anyone understand the facts.

 

Hi Born Fighter,

 

I read a lot of your posts and found it very helpful. Thanks a lot for your candid opinion in various post.

Dear Sh. Kapil Sethi,

I am quite impressed with your post.  We are living in age where polemical thoughts prevail over sane voice and reason.

My only request was to come out with the facts or to elborate the facts and circumstances so that a right advise can be rendered. If it hurt the person concerned I am sorry but fact remains. The case as narrated looks only one sided. Yes experience of my other friends on this forum is valuable and so is their advise. If they have come across such one side cases I consider and value their experience as an advocate but not as a human being. I think we are human being first then a professional. I do agree with the views of Ms Sonali and the Born Fighter.

 

I agree to the views of learned advocate Mr. Kapil Sethi. He has made some good observations.  However, the prevailing fact is that most the women misuse the law for their wrongful gains which has already been branded by courts as legal terrorism. 

In the present case too, the author is right to repudiate her claim for maintenance owing to the fact of high educational qualification but her option to idle and torture her husband in the name of maintenance and other criminal cases against him in order to put pressure on  to achieve her goals sitting safely at home. 

The querist may give a tough fight to repudiate her claim on the said grounds. 

The way you can cite 100 cases where Maintainace is denied, the other party can also cite 100 cases where Maintainace is granted by Higher courts. Every case and its facts are different. Courts do not look into the factor that a lady is employable due to her educational background. It only sees if she was earning at the time when she left the home or when she was thrown out of her matrimonial home. Yes the law is definitely in her favour but we, men too, are not saints

The way you can cite 100 cases where Maintainace is denied, the other party can also cite 100 cases where Maintainace is granted by Higher courts. Every case and its facts are different. Courts do not look into the factor that a lady is employable due to her educational background. It only sees if she was earning at the time when she left the home or when she was thrown out of her matrimonial home. Yes the law is definitely in her favour but we, men too, are not saints