Vikram (SE) 27 March 2011

Interim Maintenance

Hi All,

My marriage took place on dec 21st 2008 and is a arranged marriage and as a result if some dispute such

as arguments on that m,y wife not looking at my parents, she called her parents and told i will go back and i can earn on my own and leave happily. Her parents took her to bidar on April 24th 2009. Then after we tried many times and asked her to come back and even once i went to her native place and she told she will come back and asked me to leave my camera and she has have my cell phone expecially taken for her after marriage. There was no dispute nor dislikings before. After again calling her number of times she didn't come back. It is just that she stayed 2.75 months with me and rest in her mother's house giving some or the other reasons like functions. It was observed that her father said while taking her back saying that they have some religious function and took her. Being inevitable we sent a request lawyer notice to come and stay back to lead happy life. As i am a software engineer earning handsome of money, the reply he gave for the notice is she made many allegations and said i need around 1/3 rd of a salary per month which comes around 25000 per month as they have already produced my salary slips on record. Then as it was a short span and i filed RCR and the case is going on and i have got a order that to pay 20000 per month as maintenance. As i am elder one and i have my olde parents,my 2 brothers still studying and i am the one who will look after them,Also i have an house emi,personal loans and there will be not enough money as my parents are diabetic i need to look after them. 20000 of interinm order is too much and also we reached high court for stay and review the order.

And one more thing to mention is she has also filed CPC 125 in angalore after filing RCR from me and she is well educated B.E in computers and no issues are there. i even not save 20000 rs per month as i am the one looking after parents,brothers and nevertheless my wife. The response for my petition from her is grant divorce,25000 per month as maintenance and 1 crore rupees as permanent alimony. Can you throw some light on this , as i am very much worried on the order

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6 Replies

Deep (k) 27 March 2011

OMG........ which court has given this order....... so bad.......... ridiculus........ (what if your parents file maintenance under CPC 125, everyone gets 20000 means >> 60000 you earn and can't use for youself........ for you only 10 to 15 K :()

Eperts, please advice Vikram. I suggest you start attending SIFF (google if you don't know) meetings in your city.

Tajobsindia (Senior Partner ) 27 March 2011

@ Author 1. As soon as your wife left home for her parents place she being your wife the first thing to have been done was to keep on sending some money for her up-keep. You failed on that front. Differences between couples are besides the point but an un-employed wife also needs some upkeep and after marriage she is your responsibility. 2. Now safely you filed S. 9 HMA in spite of cribbing about camera and cell phone that she asked to give to her while earning 75 K ! Que. here is if you can crib about some camera and cell phone then suppose she comes back to your home so are you ready to keep her ! If answer is yes then you are genuinely aggrieved husband and answer is no then by know your ld. Advocate might have guided you quite well by appealing at HC how maint. to wife works. Hence, you don’t need more guidance other than fighting on merits of the maint. case before HC. 3. No doubt an able bodied educated wife if working before marriage and when litigation on her head then she is not supposed to sit ideal but that is one of the merits which your ld. Advocate might have raised before HC. Wait for its disposal. 4. Other than maint. issues what exactly you want out of marriage start thinking on those grounds for a workable Mutual Consent Divorce and for the same you may request HC Lordship to send file to Mediation otherwise the Board is widde open till Hon'ble SC to fight it over with. However, liabilities of old retd. parents on medical needs clubbed with EMI are also taken into consideration for calculating just maint. for deserting wife as also liabilities of college going brothers if they below 18 years hence your side is more or less on right track at HC. Have faith on your ld. Advocate capabilities and also read some 100 past messages on Maint. issues in LCI forum to gain knowledge and probably can feed your ld. Advocate with recent findings mentioned here for just disposal of the appeal before HC. All the best.

sadanand (advocate) 27 March 2011

section 408 ..... police filing C Report.. what next?

Vikram (SE) 27 March 2011

Thanks for the Information.

I never denied to give money or maintain her In fact she denied to take any money from me as she said i don't lack in money and i need your love , acoording to me some one has flushed her mind after my notice went asking to come back to leasd a happy married life in fact she cannot take correct decisions as she acts as per the suggestions are elders and those may be the ill-wisher's. We had no difference in any matters till after marriage till the date of depart.

As she was working befiore marriage and she has alleged that we made her to leave the work and very well she can earn as she is B.E in computers if 20000 rs she gets the maintenance then there is no need to work nor worry about anything. I see fetching money is the main motive here.

Please advise.Thanks

Vikram (SE) 07 April 2011

Hi All,

Please help , as i have applied for RCR and have now the interim maintenance of high court order as 2000 per month. As i have called her to come and stay back i need to give her this amount and befire calling her back she stayed happily in her parents house and i don't understand if i call back i need to give her this money. What if i withraw RCR at this moment of time? what will be the consequences?