In what case a husband is not obliged to pay maintenance?

yes there is no chance to expect but lets see our learned jurist reply to the question.

1. Women who desert their husbands

2.Aduletrous women

3. Women who abort one or more times for no reason affecting their health/other material matters.[If they don't want more children then they can use birth control methods]

4. Women who beat up their kids[Child abuse]

5. Women who are convicted in a criminal case.

6. Kleptomaniac women  and women who refuse to have any children.

7. Women who don't bother about their old/infirm parents as well/or as those of the husband.

8. Women who earn the same or more amount of money as the husband.

9. Women who avoid taxes

10. Women who are compulsive nyphomaniacs

11. Women who take drugs and are high society women

12. Women who gamble.[Playing cards is no vice]

OTHER TRADITIONS

Always keep holes for re filing/recllaing witnesses etc.

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 company 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's ⁴[ 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 just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, 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.

1. The words "not exceeding five hundred rupees in the whole" omitted by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).

2. Ins. by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).

3. Subs. By Act 50 of 2001, sec 2, for sub-section (2) (w.e.f. 24-9-200).

4. Subs. By Act 50 of 2001, sec 2, for "allowance" (w.e.f. 24-9-200).

STATE AMENDMENTS

Madhya Pradesh:

In section 125, in sub-section (1), for the words "five hundred rupees" the words m' "three thousand rupees" shall be substituted.

[Vide M.P. (Act 10 of 1998), sec. 3 (w.e.f. 29-54998)] [Ed. This amendment has been I made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 W (Central Act 50 of 2001) whereby the words "not exceeding five hundred rupees in the I whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].

Maharashtra:

In Section 125,-

(a) in sub-section (1),-

(i) for the words "not exceeding five hundred rupees" the words "not I exceeding fifteen hundred rupees" shall be substituted;

(ii) before the existing proviso, the following proviso shall be inserted, namely:-

Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:

Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:

Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent.";

(iii) in the existing proviso, for the words "Provided that" the words

"Provided also that" shall be substituted;

(b) after sub-section (2), the following sub-section shall be inserted, namely:-

(2A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump-sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.";

(c) in sub-section (3),-

(i) after the words "so ordered" the words, brackets, figures and letter "either under sub-section (1) or sub-section (2A), as the case may be," shall be inserted;

(ii) after the words "each month's allowance" the words "or, as the case may be, the lump-sum allowance to be paid in lieu of the monthly allowance" shall be inserted.

[Vide Maharashtra Act, 21 of 1999 sec. 2 (w.e.f. 20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) sec. 2 (w.e.f. 24-9-2001)].

Tripura:

In section 125, for the words "five hundred rupees" the words "one thousand five hundred rupees" shall be substituted.

[Vide Tripura Act, 9 of 1999 sec. 2 (w.e.f. 9-4-1999}] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words" not exceed of five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].

STATE AMENDMENTS

West Bengal:

In Sub-section (1) -

For the words "five hundred rupees" the words "one thousand and five hundred rupees" shall be submitted.

(2) After the existing proviso, following proviso shall be inserted, namely.

"Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred o in clause (a) or the minor child referred to in clause (b) or the child (not being a married daughter) referred o in clause (c) or the father or the mother referred o in clause (d) is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding the expenses of the proceeding, and monthly during the proceeding such allowance as having regard to the income of such person, it may seem to the Magistrate to be reasonable.

[Vide West Bengal Act 25 of 1992 (w.e.f. 2-8-1993)] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words "not exceed of five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f, 24-9-2001)].

[Vide W.B. Act 25 of 1992 (w.e.f. 2-8-1993)
 

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

Points eleborated in part pointed out by are covered by this section/subsection. This is a bare act quote not only.

Wives who use 498a and DV act simulataneously alongwith other civil and criminal cases are not entitled to support as they are viewed as rich by engaging one or more lawyers. There are too many aspects in which 498a can be used against wives who send or try to send husbands to jail. Society has no place for such women. Law is just nothing but and instrument for creating an organized society free from filth and scum of the earth.

Mr Kaul!

 Can u elaborate ur views on these:

9. Women who avoid taxes

11. Women who take drugs and are high society women

12. Women who gamble

What is ur source of information, any legal endorsment? Plz clear it for the benefit of all

but you have to produce evidence if you want to avoit payment of maintainance.

I support the view of Mr.Nadeem Queresh.

More:

a. Chain Smoking women

b Alcholic women

Your questions:

9. Black money generation is a criminal offence and an offence against a nation's economy

11. Children born by such women are unhealthy and often such women are barren

12. They neglect kids and husbands [child/husband abuse/immoral] and squander money. Often gambling is accompanied by extramatrital affairs

Law is only a Social instrument for creating a moral civilized society. My source of information is jurisprudential. If must be on the net. I'm old to scan hard copies but I will to get them in here within 3-4 days.

Ask yourself a question: What is the purpose of marriage? What is marriage? You'll find most answers within yourself. You can email me at brutus.trap@gmail.com

CC to et_tu_brutus@aol.in [Dont get scared by IDS names:)]

maintenance is for sustenance and dont end up as destitute...just proove that enough... you need not pay...

Ranbhir sir thanks for the infor sir but can u pls provide me the case law of the below mentioned points which u have given.

1. Women who desert their husbands

2.Aduletrous women

3. Women who abort one or more times for no reason affecting their health/other material matters.[If they don't want more children then they can use birth control methods]

4. Women who beat up their kids[Child abuse]

5. Women who are convicted in a criminal case.

6. Kleptomaniac women  and women who refuse to have any children.

7. Women who don't bother about their old/infirm parents as well/or as those of the husband.

8. Women who earn the same or more amount of money as the husband.

9. Women who avoid taxes

10. Women who are compulsive nyphomaniacs

11. Women who take drugs and are high society women

12. Women who gamble

Sir case law required.

Thanks

Dear Sir,

I am 30 years old and my wife is 29. We got married about 4 years ago; it was a love cum arranged marriage. My wife comes from a very rich family as compared to me. I am from a middle class family. My parents with their hard earned money have purchased a flat in Mumbai. They put all their earnings till date to purchase the flat.

I am a family man and before the marriage I had made it very clear to my wife that in no circumstances I will ever leave my parents and she will have to live in that house only. It’s a nice 2BHK in a good society in Mumbai (no chawl or poor locality). 

I have a son aged 2years as on today. For last 1.5 years my wife has left my house and is staying with her parents. She quit her job while she was pregnant. Her last salary drawn was Rs 50,000 (2 years ago). She is a post graduate. I am an engineer and earn Rs 55,000 as on today.

After she left my house for 6 months I tried to reconcile the families by visiting her every week. I love my son very much and for him I was ready to bow down to anything. I have tried all possibilities to bring her back but she is refusing to accept it. It was all the petty saas bahu problems which have led to the present scenario. She is very adamant and rude when it comes to my parents. She insulted them and hit them in front of my eyes and later she would say it was a fit of anger. Her parents are very rich and they support all her legitimate and illegitimate demands. I have tried convincing them but they are adamant as well. Their demand is that I should leave my parents and live separate with my wife which I do not accept. After she left my house I gave her Rs 10,000 per month for 6 months for expenses. Then she asked me to stop giving her any money as the amount was peanuts for her. The money was transferred through bank account online.

They approached me for Mutual consent divorce which I accepted but during the meeting they demanded Rs 11 Lakh per year as maintainence. Later they demanded Rs 60 Lakh as one time settlement. I have never seen this big sum of money so giving this sum is out of the question. During the meeting my wife's lawyer said "irrespective of what you have or what you don’t you have to give the money. You can beg borrow or steal but you have to give this money"

Whatever gold etc was brought by her during marriage, she has taken it back with her. I have a diamond gold ring with me and she has with her a mangalsutra, 2 diamond rings from me.

They don’t let me meet my son either.

I have a trusted lawyer (known person). She has advised me to go ahead and file divorce application in the High court on the grounds of desertion and cruelty.

I need to know from you what can be the consequences in the case. What is the alimony and maintenance clause? Will I be forced to pay the alimony?

To my knowledge they have not approached the court yet but may be they have started the process. I do not rule out the possibilities of them not exercising the dowry or domestic violence option. I know my wife, in a fit of anger or depression she may do anything. How to safeguard myself from being a victim of 498 and DV?

Regards

Jai 

you can initiate divorce on cruelty & desertion grounds.

You will not have to pay any maintenance or alimony due to her education & past salary on par with you.

you will have to pay maintenance to son.you can ask for child visitation rights in court.

Regarding 498a,DV,she can file it anytime.

Join SIFF.Read '498a survival Guide' available on net. 

thanks for the quick reply, really appreciate it.

Plz tell me what should be the maintainence around?

is 498 and DV so easyily mishandled? 

can I slap charges of DV on her as she has actualy hit my mother, she has even cut my mothers finger with a knife once!