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Vinod (executive)     05 July 2010

Husband wants maintenance

Dear All,

Since the day I have married, my wife is torturing me and my family for various issues. Even my in-laws are interfaring too much in my family affairs. They are very strong as compared to my family thus taking the full advantage of this thing. My wife use to communicate the things happening in my house to her parents, and ultimately they are teaching her the lesson how to take the control of everything. I am the only son of my parents, so they even pressurize me for their unjustified demands. I have been harrassed and pressurized for doing the things as per their terms. I have no choice but to cry. My FIL threat to file false cases against me and my family if I don't do what his daughter wants and also my wife threat me that she will commit suicide otherwise do the things as per her terms. Even today she wants me to leave my parents and live in a separate house, which is unjustified as there is nobody to look after my parents. I need your help, what can I do to save myself from her torture and create mental pressure on her. She is earning and conceived a baby for which I have taken the evidences (Ultra Sound report, Doctor's Prescripttion Slip etc)

1 Can I demand maintenance from my wife, after leaving my job? As she wants me to live in a separate house, so I want to put financial burden on my wife and in-laws.

2. As this marriage has happened without any dowry, will getting the marriage registered will help to prove that no dowry has been taken.

3. My in-laws has a shop, Can I complain to the labour deptt for non-compliance of Shops & Establishment Act being not a part of that shop? and also to ascertain the income by proving how many workers are working in the shop.

Please suggest.



Learning

 5 Replies

ASHWANI KUMAR (CEO)     05 July 2010

yes Mr.Vinod you will get maintenance from your wife,but for that you should have her salary slip and along with year of employment, and you have to prove that you are not working anywhere

: About Registration of Marriage is not the proof of marriage without dowry.

: About your last point I dont have valid answer because its your father in law income.

 

Regards,

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 July 2010

In fact husbands should get maintainance but the law is gender biased and hence no provision for it otherwise in most of the cases which are now before courts the husbands are more eligible. LET US HOPE SOME DAY IT WILL CHANGE.

ASHWANI KUMAR (CEO)     05 July 2010

Mr.Vinod I advice you kindly take proper investigation before going into matter.

take advice from any good family advocate near by your location.

Vinod (executive)     05 July 2010

Actually I want to ascertain my FIL income because I feel they will file dowry case if I go for divorce. As obvious, they will say that they have given so and so amount during marriage and also girl will put pressure for alimony. For that I want to prove that they are low income family and were not able to provide any amount during the marriage.


(Guest)

Que. 1: Can I demand maintenance from my wife, after leaving my job? As she wants me to live in a separate house, so I want to put financial burden on my wife and in-laws.

 

My Re. 1/- here:  Yes, under S. 24 HMA husband can seek interim maint. from wife, provided some activity filed using S. 9 till S. 14 HMA in matrimonial courts of civil original jurisdiction side and/or provided there is a Family Court established under Family Courts Acts, 1984 city where the marriage took place then stand alone S. 24 HMA suit by husband will sustain, provided his wife is capable to look after herself, further provided she is educated and has been working for more than 180 days continuously anytime just after marriage, further provided husband can prove Income of wife at the time of instituting any one of the above mode opted maint. suit at either nature of Courts, further provided husband has become jobless due to matrimonial discord and proof of termination from Job from company employed exists.

 

Que. 2: As this marriage has happened without any dowry, will getting the marriage registered will help to prove that no dowry has been taken.

 

My Re. 1/- here:  DP Act read with S. 498a IPC are prime facie and one needs to prove once innocence so current say that this marriage is without dowry sustains only in internet forum not on ground realties when FIR is about to be filed on her complaint and registration of marriage further read with Arya Samaj Marriage and also read with Sikh Marriage will only help in initial stage of filing your AB or Bail Application and or reply stage afterwards outside court activities that you may undertake will come handy (period).

 

Que 3 : My in-laws has a shop, Can I complain to the labour dept for non-compliance of Shops & Establishment Act being not a part of that shop? and also to ascertain the income by proving how many workers are working in the shop.

 

My Re. 1/- here: If only verbal issues read with mental torture then you are required to wait till they initiate any Civil and or Criminal activity and post such activity you may embark on RTI to said authorities and several associated others too (such as on dowry related TEP). Before that if you do it then it will instigate them to file (counter blast) cases which prime facie will read as they agrived party and started the case and you have to prove your innocence kind off later !.

 

Patience read with collecting 'innocent evidences' further read with safeguarding family (parents) interests first then giving in to such court cases is my Re. 1/- here in nutshell to your asked briefs.

 

Rest ld. members have advised quite correctly.


For Sh. Shashikumar,

Sir, Law is already there for seeking maint. by a husband and last year a vegetable vendor in
Delhi produced wife’s tution institute and beauty parlour read with proper IT return filings as evidence before Matrimonial Court and got maint. under HMA the Act so I leave Indian men including me to our will and persistence for seeking maint. under gender neutral HMA the Act.

In my files section I put in my layman’s analysis of gender biasness of S. 125 CrPC which I request your kindself to go over and advise me if my interpretation on S. 125 CrPC is correct or not and if so then when we the Indian men are going to challenge it so that it is written in tomb stone by respected Judges for Indian men in days to come?

Oh BTW if you need to study Chand Dhawan Vs. Jawaharlal Dhawan citation reasoning which I quoted in it heavily then knock me, I will send full text via PM to your most respected self for analyzing further and for my further education here by respected ld. members.


Rgds


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