tutor 28 August 2015

Interim maintenance

Hello All,

Introduction:

Our arranged marriage solemnized on 19-Feb-2014, on the first night of marriage wife confessed she was not interested in marriage and took an oath to herself that she would never going to have any kind of physical relation with her husband (me). Later, I bought this issue with her parents they consolved me saying that she would be fine in some days and asked not to worry much. As a husband and wife we stayed together only for a week only (includes 5days of religious trip) later wife went to Bangalore to continue her work. In Bangalore, we never lived together. After so much of discussions with their parents it did not succeed and finally all elders decided to go for Mutual Consent Divorce(mcd) on 5-May-2014. My father kept on following up with in-laws from then on to file a draft ready on MCD but they gave many excuses and asked us to wait till one year to complete the marriage. I have been cheated in this marriage. Over this wife and her family are harassing us.

Actions happend :

1. On 19-Feb-2015 - Wife files for CrPC 125 for monthly maintainance of Rs.25000/-. Court notice received at my working location. (Wife says she has no income for living in the petition. But she has hidden her working status) = So far 9 hearings on this.

2. On 24-Jul-2015 - I filed for RCR Section 9

3. On 18-Aug-2015 - Wife files for Interim Maintainance

4. On 27-Aug-2015 - RCR summons + CrPC (cases linked) she did not appear to the court. My Advocate made objection to both CrPC case and Interim case. But Judge asked my lawyer to do argument on Interim maintainance on 4 Sep 2015.

More Info:

1. She is working in a IBM as a HR (contract employment). Her total work experience is more than 3 years.

2. To add up, when the RCR court notice sent to her home - Wife mother received it and informed the dispatcher of notice saying she works in Bangalore she does not live in this town. (Said remarks are noted down in the books of dispatcher)

3. No dowry taken or given.

Questions: {Note: She is not all interested to join me} I dont want to pay any maintainance. Please help me with strategies.

1. What options are left for me now?

2. How to avoid maintainance?

3. She is wants only money not husband. She does not even want divorce!!! Please help me, what should I do now.

Reply Follow

8 Replies

saravanan s (legal advisor) 29 August 2015

try to gather proofs which proves that she is working somewhere like her salary slip, it returns etc.a working woman is eligible to get maintenance only when she is not capable of maintaining herself with the salary she is earning.

if you have call recordings regarding the wife confession and wilful non consumation of marriage itself is cruelty and you can file contested divorce on those grounds.but i advice you to withdraw the rcr case and file contested divorce

SAINATH DEVALLA (LEGAL CONSULTANT) 29 August 2015

Obtain proofs of her employment and also her qualifications,which are essential to escape paying maintenance or alimony.There judgements of many HC's that no maintenance to be paid to a well employed or well qualified woman.A qualified wife cannot sit idle at home and demand maintenance from husband.

Adv k . mahesh (advocate) 29 August 2015

I dont understand who gave you advice for MCD in first instance

finally all elders decided to go for Mutual Consent Divorce(mcd) on 5-May-2014.

as the marriage is not consummated then you should have gone for null and void as she was not interested in marriage and their parents had forced for it.

and now you have to face a long battle better now convince them for MCD and end the battle

amaresh 29 August 2015

First gather all proofs via RTI. And then file a divorce in the court. Its a good idea to withdraw RCR, but still if you got ex-partee order or an order in favour of your case, then in long run it will help you.......all d best brother

prabhakar advocate (advocate) 29 August 2015

I absolutely agree with Adv. Mahesh. For me also, it appears going for talks for MCD or filing RCR appear to be mis-diected. Immediately in May, 2014 you should have filed annulment petition for non-consumation of marriage. In annulment cases, errant spouse is not entitled maintenance. Now, gather information to contest her maintenance in S. 125 cr.p.c.

Prabhakar Advocate

(M)9958670740

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 29 August 2015

Maintenance is social lagislation so as a rule interm and final are granted even if you prove that she is qualfied or employed.

MCD and annulment are also no easy solutions since here are you can not avpoid CRPC 125.

bEST WAY IS TO CONTEST ON TECHNICAL ISSUES RIGHT FROM BEGNNING.

THE FIRST BEING JURIDICTION, ON THIS ISSUE TAKE THE MATTER EVEN TO HIGHER COURTS SO THE OTHER ISSUES WILL REMAIN IN ABEYANCE.

TAKE ADVICE AND HELP OF EXPERT ADVOCATE IN THE FIELD.

Advocate Ravinder (Advocate/Attorney) 29 August 2015

1. What options are left for me now?

You cannot avoid maintenance. It is her right. If you prove that she is working lady, then maintenance can be exempted.

2. How to avoid maintainance?

answered above.

3. She is wants only money not husband. She does not even want divorce!!! Please help me, what should I do now.

You have file petition for RCR. Now you say that she does not want divorce. What is your intention. Pl clarify. She is expecting money from you, she will not give mutual divorce. You contact me I will give you some solution.

kapilshah 30 August 2015

why not withdraw the RCR ? you anyways want to get rid of her.

File a divorce plea. Think about it.

Also remember you can send summons to her office itself. Can ask the HR manager of IBM to hand over summons to the employee. In that way if she receives summons, that itself is a proof that she is working.

Also write to HR manager to provide salary details . The IT companies follow a very transparent approach. They will respond.