Sushant Singh (Private Service) 07 June 2010

maintainance / Interim Maintainance

Sirs,

On receipt of my RCR notice my wife filed for Maintainance under Sec 125 at her hometown, asking for

maint. for herself and my minor daughter. The first hearing is at her hometwon next month.

Any advice on what will happen / can happen in the first hearing.

Facts

1. Wife left of her own accord.

2. I am ready to get her back / live with her (RCR is pending in my hometown).

3. Wife is well educated (I have only some educational certificates, CV, and her previous appointment letter from showing she is qualified and has the abilty to make a living. I do not have current employment details. Wife might claim in her submission before court that she is not working at the moment, with the purpose of extracting maximum in terms of maintainance.

4. I was supporting wife till until recently with monetary payments to account.

Questions ????

1. While deciding interim maint. will the court just blindly go by her submission about my income (she

claims I make a huge salary, working abroad at times). Will the court not ask for any submissions from my

side in the first hearing.

2. Will the court not ask for any counselling before awarding Interim Maint. ?

3. What if I am ready to stay with my wife, will the court not consider that ? while awarding interim ?

4. Will the court not consider that I have files an RCR ? before Interim maint application ?

5. If interim is awarded the can I file for Revison ? Where ? in the same Family court and what would be

the grounds ?

7. How will the case progress ? How does a Maintainace case progress ?
Counselling > Submissions > Arguments > Cross Questions > Judgment ??

How long can she continue to claim maint, if she is refusing to join husband. There has to be some end ...

right .. ? because their strategy is to keep delaying the case as long as they receive their montly mait

amount.

8. If wife refuses, to join husband, and acknowledges same in the counselling sessions ... the how does

the case proceed ?

9. Can I ask the hon court for visitation / guardianship / child custody. ?

Please advice me ..

Thanks

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1 Replies

adv. rajeev ( rajoo ) (practicing advocate) 08 June 2010

you have to prove that there is willfull negligence from your part to maintain your wife and child. if it is proved then your wife will have no case.

If you are ready to take your wife and child back court will consider it.

court will hear your submission also. You will have to lead your evidence before passing an order on the maintenance application. Court will consider both side an will pass an appropriate order. RCR and case u/s 125 is different, court will not consider it.

You can file a revision against the order passed by the court.

Court considers the reasons for what wife is rejecting to join the husband.