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Gaurav (Engineer)     21 December 2013

Crpc 25

If wife fails to prove that she is living with her parents because of cruelty by her husband in the matrimonial home then also she will be entitled for maintenence under crpc 125 ? 

She is well educated lady and graduated in B.com but not working. Can i say to the court that she is educated but not intentionally ,so she can't be not entitled for maintenence ?

Acquittal in 498A proves that no cruelty happened to her in the matrimonial hone for dowry. Can i use this ground to deny the maintenence to her.



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     21 December 2013

1. You can raise this point in the court that she is a commerce graduate she can earn herself for her maintenance. 2. if she had done job before or after marriage you can submit the documents of her previous job as a proof in the court and deny to give her maintenance. 3. if she didn't done any job till date then the court will fix to give maintenance amount for her .

Gaurav (Engineer)     22 December 2013

Thanks Sir for reply !!!

I Have acquitted from false allegation levelled against me u/s 498A/406. Will i use this ground to deny maintainence to her and also she was not able to prove in the court that she left her matrimonial home because of the cruelty.

T. Kalaiselvan, Advocate (Advocate)     22 December 2013

If your wife had voluntarily disassociated herself from your company or abandoned her matrimonial home on her own without any reason or for the reasons best known to her, if you are ready and willing to take her back and maintain her as per your status, the maintenance petition can be contested accordingly and prayed for its dismissal.However just because she is educationally well qualified does not render any ground to reject her claim, she might not have been considered for any employment as per her educational status, that will not construe that she is voluntarily avoiding any employment for the sake of claiming maintenance amount from you.  If she is employed she may earn atleast four or more times than the award of maintenance amount that may ordered by the court, so do not insist much on the subject or else you will  be ordered to look for an employment to her to as per her educational qualifications.  Mere acquittal in 498a also will not disqualify her maintenance petition. You have no choice than to contest all the cases on merits or compromise with her.

Gaurav (Engineer)     22 December 2013

Sir, 

I have her recorded conversation where she clearly stated that she is leaving her matrimonial home as we are not meeting her demands like leaving my mother, give her entire monthly salary and get the my mother's self registered property on her name ... etc and not because of the cruelty. She also sends me the messages in which she mentioned that I will not return to the matrimonial home until we meet her all demands. She wanted to sign an affidavit with all her un-necessary demands but we denied to sign an affidavit which was then resulted into 498A. 

Pressurizing her husband to meet all demands or want to live in her matrimonial home on her own demands will be a cruelty towards husband and his parents.

Can I produce voice recordings and SMS's before the court to prove her wrong  in crpc 125 that she left her home without any reason as section 4 of crpc 125 mentions that wife is not entiltled for maintenence if she deserts her husband without any reason? 

Need ur advise urgently !!!


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