Wife files revision in HC for maintenance

Dear Mr.Kumar,

the quantum of maitnenace is basically to meet to basic living expenditure, i.e food, shelter and clothing. As your wife is earning and she is able to meet her daily expenses that will not be a problem for you provided you prove that she is earning. Secondly you can take a plea that your also maitaing your parents and try show their monthly medical expenses.

While deciding the maitenance the Hon'ble H.C will not stay your RCR proceeding. Incase of any delay tactics employed by your wilfe counsel then you can file a petition un sec.21b of HMA.

1) Ask HC for some time to find suitable lawyer or to pled party in Person

2) Mention the HC through affidavit (along with any other proof if you have) about your wife's earning capacity and financial FDs that she had along with the fact that she is an able bodied women with no physical disability and when even an animal can maintain itself why can't she?

3) Get copy of mediation/lok adalad/conseller reports and attach it with your affidavit mentioning that you have done a lot of efforts to bring her back but she is the one who deserted you along with child and now road blocking reconciliation efforts and you are more than willing to take her back by accepting all her valid/genuine demands.

4) List down all reasonable expenses of a 2 year old child which you would have done if the child would have been with you and then ask court that this is the total as per your understanding and ask court that if court thinks otherwise then he is more than willing to obey as far as child's maintenance is concered.

5) Attach Home Loan EMI statements+medical expenses for your family+proof of other liability and tell court that you also need to keep some amount as saving to counter any emergency expenses and for future saving for child.

6) Explain HC subsection 4 of crpc 125 which denies even interim maintenance to errant wife who is not willing to join husband (has deserted husband) and when there is no prima facie PROOF of her allegation of tourture and blah blah blah.

7) Visit url --> https://www.lawyersclubindia.com/forum/Re-Judgments-Helping-Innocent-Husband-25935.asp where you would find a number of judgements which may help during arguments.

Regards,

PC

@PC: Thanks for the response.

Can you guide me on process to get Lok adalat and mediation copies from the Distt Family court, since I or my counsel do not have them.

No , you cannot get a copy of councelling and mediation, because what happened in councelling cannot be cited in the courts. Coucelling and mediation if fail give a one or two liner reports: meadiation failed/councelling failed and of such nature. You cannot take certified copies of these reports. 

@ Tajobsindia: Waiting for your reverts Sir, you have read almost all myposts here and reverted to all. Request you to guide me here too..

Nippani Satya,

this platform is for open discussion so that though from different queries not only the authors but others who are facing similar issues too can benefit from the experts' opinions. Had you given your opinions here like so many other experts are giving, not only the author but others also would have been benefitted. And this is precicely LCI is for.

On a different note, at least the author should be motivated to send you a separate mail inspired by your helpful initial replies. 

@Ambika,

I am not sure about Conseling but here is the brief of my case (crpc 125) in FC.

1) Conselling ordered - Conseller sent a report to judge that husband is ready to take wife back and wife wants time to think over it. Next date, judge asked my wife and she refused to join. NOW MY TAKE IS SINCE CONSELLER HAS WRITTEN SOMETHING.....THERE MUST BE SOME WAY TO GET IT I GUESS THROUGH INQUIRING ABOUT DAILY ORDERS

2) Judge Referred case to Lok Adalad - Wife didn't come where as husband was present - Judge asked wife why she was not present and she gave excuse of bad health - THERE MUST BE SOME WAY BY WHICH THIS CONDUCT OF WIFE COULD BE POINTED AT ANY OTHER COURT OR SAME COURT TO SHOW WIFE'S UNWILLINGNESS FOR RECONCILIATION.

3) Judge sent for mediation - MEDIATOR IN HER REPORT MENTIONED THAT MEDIATION FAILED, HUSBAND IS WILLING TO TAKE WIFE BACK...WIFE IS SAYING THAT SHE CAN'T LIVE IN THE SAME ROOF WITH HUSBAND AND WANTS DIVORCE ALONG WITH MAINTENANCE. HUSBAND REFUSED AS HE WANTS TO LIVE WITH WIFE

Wife (I am not sure how) but took a copy OF MEDIATION REPORT WITH DETAILS IN POINT-3 AND HERSELF PRESENTED IN DV COURT SAYING HUSBAND IS NOT CO-OPERATING IN COMPROMISING  THESE CASES AND IN DIVORCE

NOW WHAT I AM SAYING IS WHEN MY WIFE'S LAWYER CAN TAKE MEDIATION REPORT AND PRESENT IT IN TOTALLY DIFF. CASE THEN THERE MUST BE SOME WAY TO GET ALL THE THINGS IF TRIED PROPERLY.

EXPERTS,

PLEASE ENLIGHT US ON HOW SUCH REPORTS CAN BE OBTAINED.

Thanks,

PC

Dear PC

The very mandate of confidentiality  for both mediation and counceling makes it necessary that the contents of the process  are not  revealed excepting for a summary stand of both parties. So if both spouse are unwilling to reconcile it would be concelling failed but if one of the spouse wants to reconcile a one liner would be for his/her stand. Beyond this I doubt if the reports would divulge what was said by both parties and who is wrong and who is right. 

I do not know about other family courts, but in the family court of Madras where I sometime accompny my colleague cum friend, I have seen in front of the mediation cetre, a clear and written- in -bold- letters sentence, 

Nothing of what has happened during the process of mediation would be made public except the fact that mediation has failed in case it does not work out between the parties. 

Hence I am not sure if certified copies of the details of councelling /Mediation can be obtained, it will go against  the logic of the very tenets of councelling and mediation where parties are assured of confidentiality. 

What say experts? 

@ Author

Other writers have given you quite good guidance. To add to their views I may add for consideration;

1. RCR case stay is not possible to get as it is under civil domain and not under CR domain and has no relevance to maint. if not file under HMA .

2. The only good inference before HC that your side should press is her mediation statements for non-joining and thus curtailing the efforts read with intent and object of S. 125 CrPC to letter and spirits. I agree to @ Ambika that mediation reports are confidential and only FAILED: PASSED goes to the main case file rest are not shared with general public otherwise the spirit with which ADR was formed will loose.

3. Your parents and her parents income and non-income are irrelevant so far if she is proved working lady and thus non maint. was awarded even by trial Court views.

4. Child needs to be projected read with maint. to child is always co-extensive as per SC binding Laws to be pressed re. Padmja Sharma vs. Ratan Lal Sharma on 28/3/2000 by your side. Define child needs of a child of 2 years when both parents are earning.

5. Also press for heavy cost to bring frivolous litigation based on combined income of parents yet not joining RCR.

6. Also donot delay the HC hearing as someone suggested here as it is not going to be helpful at all. I mean run court cases as if you are running a business and the moment you put Rs. 2 Court Fees Stamp on a petition / application you become consumer of the court and Justice has to be run as business as no point delay helps spouse especially unless and until the strategy is something else……………..


You need heavy luck though in presented brief (bze of hydraulic power of metro wife’s) and I give 50:50 chance to both of you (unfortunately due to Bench the case may go to) but don’t loose hope you have a strong case in hand.

@Tajobsindia: Thank you very much for your response..

A little clarification here as many Ld. members mentioned S. 125 CrPC, whereas my case is under S.24.. I hope it doesnt change your comments.

Mr. Tajobsindia my case is in Lordship Ram Chand Gupta court..I hope I get a rationale and impartial hearing there..

@Ravinder Kumar

You said that ,"My salary is Rs 29000 but I am paying Rs 14500 as EMI for my home loan which I took immediately after my marriage, so actually my take home is only Rs 14500.0 and I have old parents too who have no other income and are dependent on me."

Then you have to give this prove in the court .Also put this citation in the court.

1.IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 879 OF 2009
[Arising out of SLP(Crl.) No.7503 of 2008]

BHUSHAN KUMAR MEEN

2.second one 

All this is in attachment file in Rar file.Extract it.

Versus

MANSI MEEN @ HARPREET KAUR

WITH

SLP(Crl.)No.7924 of 2008

@Mr. Vyas: Thank you Mr. Vyas, it is very helpfull...