Cruelty & maintenance

Dear Querist,

You are not liable to pay any maintenance if your wife has left your company without reasonable cause.

Rightly said, only after you prove that she left w/o reasonable cause, you don't have to pay maintenance.

But till you are in the process of proving the same, maintenance would need to be paid.

Can you prove that she has left at her own without your consent? If yes, no maintenance is to be paid.

Dear Querist

according to 125 Crpc:

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate¹[***] as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct::

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of' sufficient means.

²[Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]

Explanation. For the purposes of this Chapter.

(a) minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;

(b) "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

³[(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]

(3) If any Person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's⁴[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an ⁴allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

you can read sub-section 4 of this section it is clearly mention that wife shall not claim maintinance or she can not get any maintenance from her husband if she left her husband without sufficient reason.

the burden of proof lies upon husband to prove it that she left husband without sufficent reason.

feel free to call

Rightly answered.

Dear experts,

Few months back I gave divorced (talaq)  my wife on the phone and written as well. we have two kids a girl 5+ yrs. an a boy 7 yrs., then he filed 498a to whole of my family members, 6 of them took bail from HC except 2 (me and my younger brother, still in Gulf), now she is living in my brother's house where no one of our family member there, he refused to leave that house. I am working as family driver getting hardly 10,000 IRS. but she mention that i am getting 40,000 IRS. and she demanded 10,000 montly as maintenance amount. My question is even I am still here and not back to India yet, how can court decide that maintenance amount on the basis of her story only? and what about my kids, who should get whch kid? both kids will remain with her only?

Thanks and waiting for your valuable suggestions.

Rgds.

Rafi Ahmed.

CORRECTION: *he should read as "she"

start driving in india... court needs you... attend to her...