5 months old marriage- can wife ask for maintainance

Majority of the 498-A cases are false.  Wife is entitled to maintenance irrespective of the fact that she has the earning capacity or properties in her name.  498-A within 5 months of marriage, the time factor is of no relevance. 

The moment the marriage is solemonized she has a right to maintainance.

she can clain maintenence but if you can prove her qualifications, previous employement in court then chances for granting the same are very less and if granted by lower courts you can appea in next higher court. Do some self help and search some judgements here in this forum only. All the bestl

Mr Victim has elaborated my posting, thanks.

Yah I can prove. She had 5 to 10 bank accounts with about 1 lakh Rs in each account. So no wonder she has a good sum of money already with her. She used to make INR 60k/month. She has got good qualifications but now she is sitting in her home town just to harras me.

I have made some audio recordings in the month of july where she used to say all this that she will ask for alomony and another Rs 50 lakhs to pull me to road. She has also said that she would not divorse me and live in my parents house and throw them out.

She is a Terrorist of her own kind so I had to do the audio recording to defend myself as CCTV cameras helped India to hang a Terrorist like Kasab

I would search for the judgements as suggested by you.

 

Thanks a lot

 

@498a_Victim

 

Let me tell you that Maintenance is not compulsory burden on the husband as incorrectly advise by my learned friends above. This is just a myth and there are thousands of cases decided in Indian Courts which denied maintenance to the wife on various grounds which may include:

- Education

- Earning capacity

- Existing source of income

- Existing property which can yield revenue

- Cruelty of wife and she herself ran away for house to extort money from husband etc

 

The above includes few out of many reasons which could be cited before the judge to deny her the maintenance.

 

First it is imperative to understand that Maintenance is called for when one of the spouses is thrown out of the matrimonial house without any of his/her fault and if left without any means of survival. It is a different matter that the sitting judge may have a closed mindset and may reject this nationally excepted funda. Those who understand the reason and meaning of maintenance would certainly agree to the first line of this para.

 

Now coming to your case, you have mentioned in your first post:

I heard that she has left the job and went back to her home town. After marriage she was earning more than me and now she has left the job with a purpose to file ipc 125 against me.

If you could prove this, then she has already been denied maintenance due to her own act of cruelty. Recently in a case in Delhi, a Family Court denied maintenance to the wife when the husband was able to prove that he wife who was earlier earning handsome salary, purposefully left her job. This applies to your case. No spouse who is employed and is capable of self-survival, cannot be allowed to kick away the source of survival and then be a burden on the other spouse. This in itself is termed as cruelty against the other spouse and in this case the husband can easily take this cruelty as a ground for divorce.

 

Now the question about her absence from her matrimonial home. What was the reason for her that she went away from you and filed 498a case? Can you show in the court that she herself ran away from her matrimonial house and filed a false case? It is good news for you that you have some telephonic recording in which she is claiming that she would ruin you etc. This can be cited in the court while arguing for not allowing interim maintenance.

Pls avoid running this recording early. Wait till the right time. Crooks are crooks. Once you run this recording they would get alert and find a way to escape this also. But don't worry. A good advocate won't let you get hurt because of your erring spouse.

 

Lastly and finally, my dear friends from LCI who advised that maintenance is mandatory please see the articles which I posted long ago. They may open your eyes…

 

https://www.lawyersclubindia.com/articles/MAINTENANCE-A-Myth-Unveiled-3367.asp

 

https://www.lawyersclubindia.com/articles/Maintenance-50-right-or-100-criminal--4770.asp

 

I hope you would also understand the very meaning of maintenance and its need.

 

//peace

/Saurabh..V

Hey Saurabh,

Amazing reply. Thanks for sharing. Are you a practicing lawyer?

Mr student Saurabh, we are not here posting our opinion after going through the relevant papers of the querriest, we are posting our opinon only on the basis of  very brief fact put over on this site. From whatever the other members have posted above I am confidence that they know in what circumstances maintainance are given or not given.

 

@498a_victim

 

I'm only a alaw student as of now. However I have visited various courts with my uncle who is a practicing lawyer since 1988. I hope my advice would help you to some extent.

 

 

@Surjit Singh

 

I can understand why you called me with the name "Student Saurabh". In any case I like surprises and I welcome yours. Having said so, I would like to tell you that being student is no different than a practicing lawyer if both have same level of understanding of the existing laws and both are able to articulate the applicability of the laws.

 

I do not question your ability to answer such typical and critical question of law however I would appreciate that you do not compare a general advice with the one that is qualified. Being a law student and having already observed 100s of cases, I strongly feel that my views are acceptable.

 

I only questioned the way everyone plainly posted their replies without "actually" examining the query of the Querist. With your comment that "The moment the marriage is solemonized she has a right to maintainance." one can understand that how non-technical and low-interest reply you submitted. Your views are not only against the basic structure of our Constitution but also against spirits of various Marriage acts.

 

 

//peace

/Saurabh..V