Husband is proved HIV positive.(infection caused due needle prick for
testing blood sugar in deep interiors of backward Africa) Wife and two
children are free of HIV.(a case of discordant couple) Considering the
unfortunate life expectancy, husband invested in purchase of land for
business in the name of wife. Built infrastructure and initiated the
business of LPG gas agency for the wife.Admittedly all out of his own
funds and income . Further transferred huge amount of moneys in wife
's Account for her disposal. Earlier, (prior to being detected of HIV)
had purchased two flats in name of wife exclusively. Wife is settled
into LPG Buisness.She can take care of herself and also the children.
Husabnd claims to have taken care of the wife and children ina unique
manner as stated above and has challanged wife's application for
maintenance of the children on the aforesaid ground and also on the
ground that the wife has concealed her true income by concelaing many
material facts of having purhcased another commercial property, showed
loss in the business( this business which never goes in loss ). Despite
of the fact that she had no burden and botheration to return the
invested the amounts to husband which she had shown as unsecured loan
in the I-T returns. Even the I-T departmnt has issued letter to her
reflecting that she has not filed latest I-T return as per prescribed
format thus concelaing lot many sources of incomes and investmentment
made by her. Harrased by wife on ground of being HIV and a Low caste
husband filed petition for divorce.Wife claimed maintenance. concealed
material facts of having further purchased an commercial land and
vehicles etc.Husband now in service and now earning very less. needs
his own his money and saving and a flat purchased in joint name of the
wife for his exlusive possession and disposal in the trying situation
when HIV turns into full blown AIDS case.
Please, any citation
to strengthen the husband's stand for stopping ad-interim maintennace
@ Rs. 10,000/-p.m. where is earning is merely Rs. 14,000/-p.m.the
matter is fixed for final argument on the interim maintenance
application
Assuming the parties have used one of the Section of 9 to 14 of HMA the interim maint. is granted and or assuming under S. 125 CrPC the interim is granted my suggestion are as follows;
(1) It is settled principal of law that if both parents are earning and or have income then the maint. for illegitimate and or legitimate children of parties are co-extensive. This person can file Writ in HC challenging lower court's int. maint order and ask for a stay.
(2) He can approach HC with a plea to re-investigate evidences of joint property / joint account / business head / movable and immovable properties of wife grounds.
Rgds,
