The marriage of my friend took place in Jan 2005. The parents of the boy are aged and chronic patients.
From the very first day of his marriage, the girl told the boy that she was married forcibly by her parents. She started behaving rudely with him and his parents. She did not ask or tell anybody before going out of house even in late evenings. My friend had an accident before marriage and had got his left wrist fractured. So he was not able to drive any vehicle for some months. He had asked the girl to wait for some time for marriage as he would not be able to go with her to any outstation for honeymoon due to his injury but the girl and her parents insisted to marry him at the earliest.
Due to ongoing tensions in the house, the boy's father suffered a heart attack in March 2005. He was operated upon for angioplasty. In May 2005, the mother of the boy had gone to her daughter's place as her daughter was ill for the past many months. The girl, my friends wife had a little tiff over some issue with my friend on the night of 11th May 2005. She called up her father and two brothers alongwith her paternal uncle who came at 11 pm. Not bothering about the health of the boy's father, they created a ruckus in the house. They tried to hit my friend but he somehow saved himself. They tried to take the girl away but the situation was controlled by the boy's neighbours who came in after hearing the shouts as they were strolling in the lane.The relatives of the girl left at 1:30 am after threatening of dire consequences.
The girl kept on giving false information to her parents as and when she called them up. Her father came every week on any day to take her to her to his house without asking my friend who used to be away on his duty in Chandigarh.
A baby girl was born on 2nd Nov 2005. The girl went to her parent’s house two months before the delivery.
The father of the girl kept her taking to her parent’s house with her father every fortnight.
She left for her brother's engagement in June 2006 with a promise to return after the occasion but thereafter refused to return even on repeated requests of my friend and his parents. My friend’s maternal uncle and aunt made several attempts for patch up of the couple but the girl did not return.
The sister of my friend also made efforts with her husband but they too failed.
Same was the case with the maternal uncle and aunt of the girl.
Now the girl filed a DV Case in Feb 2010 against my friend. She also filed for interim maintenance. An impugned order was passed in Sept 2010 for maintenance of Rs. 19000 for the girl and the daughter who was just 5 years old then. My friends salary at the time of order was Rs. 56000 gross but in hand was Rs. 47000/-.
The session judge transferred now. The new judge has dismissed the appeal on the very first hearing.
The girl is working as a teacher with salary of Rs. 16000. The child is getting free education in school.
I have seen judgements that no maintenance is given to women who leave their matrimonial home without any reason or are earning.
Can I show the judgement to the judge to dismiss the maintenance order. My friend is ready to give maintenance to the child.
