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Suraj Kumar (Business)     01 July 2010

Maintenance to mother?

Dear All,

I have a question. My family includes me, my mother, sister and wife. I have been married 7 months back and now my wife is creating problem. She want to take over the control of the home. But I now want to get separated from my mother and sister. And deliberatly want my mother to file a case for maintenance against me u/s 125 Cr. PC. My salary is approx. Rs.25000/- and my wife is also earning Rs. 5000/-. Suppose my mother file a case, can she claim Rs.10000/- or above as maintenance for which I will surely agree in court. Can my wife object to this? As when my mother will file a case, the notice will only be served to me and I alone will go to the court and settle for the maintenance to my mother. Does it mean that for objecting to the said maintenance, my wife has to move a separate application to the court. If court once pass the order for the maintenance, can it be challenged at later stage by my wife.

Actually I want to prove two things:

1. That I living apart from my mother to avoid 498a/DVA against them

2. That I have the obligation to pay my mother, so that if my wife demands huge maintenance at later stage, I can challenge by showing the order of the court. Also it will also prove that my wife is also working.

Need your professional guidance



Learning

 8 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     01 July 2010

Dear your I really respect you and would like to convey blessings upon you, for such a wonderful thing,

you are thinking about your mother thats really appreciated.

Yes your mother can claim maintainence under applicable provisions of u/s. 125 crpc

 

1. That I living apart from my mother to avoid 498a/DVA against them: okay 


2. That I have the obligation to pay my mother, so that if my wife demands huge maintenance at later stage, I can challenge by showing the order of the court. Also it will also prove that my wife is also working. you need to file your answer accordingly through advocate tell your mother to file the case accordingly as you are earning so & so and your wife is earning so & so.


then confirm it in the court.


Adv Archana Deshmukh (Practicing Advocate)     01 July 2010

Your wife cannot challange or object the maintainance application filed by your mother against you. However her income can be brought on record by your mother.

Parth Chandra (none)     01 July 2010

You are a real HERO....but don't you think that your mother may need you more than your money as she is not having any other Son and your sister might have or may marry?

Is it the PRICE that most of the India MAN and Mother would have to pay to get himself/his son married?

If your Wife is creating problem in staying with your Mother then definately she would create problem if you would give money to her either with or without the maintenance case by your mom!

As long as filing of 498a and such cases are concern...she can file even if your mom is living 1000 KM away from you (my wife filed on my fahter and brother even if we were living in Mumbai and my father/brother in Gujarat saying that they used to torture her on phone/demanding dowry/provoking me to abuse her) etc....so what you are doing is not a solution to avoiding such cases.

I would suggest you to convince your wife and take a separate home on rent just near your mom, give your mom some money and visit daily to her......as living apart would also not avoid any cases (if your wife decides to file it)...

You can always claim in court that your mother (and or) sister are dependent you....and for that you need not ask your mother to file a case.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 July 2010

I do aree with the views of my Ld. friends. U can call me for further details and help at 9871158578

Suraj Kumar (Business)     01 July 2010

Dear Mr. PC,

I  agree what you have said. I too is luking for a house near my parental home to take care of my mother, also I will surely meet her daily. Yes you are right and also I am sure that my wife will create problem when I will live with her in a separate house. But after going alone, I want to play as she is playing now. I also want to cut-off myself from my in-laws and I will get the reason. They know that I am alone and taking the full benefit of the things. I know that they can file case u/s 498a even I leave my mother but to some extent I want to safeguard them. Thatswhy I want my mother to file a maintenance case against me where the things will get recorded in court that my wife and my mother are not living in the same house then question of cruelty will not arise. You can yourself understand that I have such a small family where only mother is there (sister will be married in future) still my wife wants to break the house. She don't involve herself in day to day activities, try to provoke my mother or sister to do such acts which will prove her right that she is facing problems from their side. It is truth that when you hurt somebody, he will scream.. She disrespect my mother and want to take the hold of the home which is practically not possible and is not justified. I too want to divorce but still patiently waiting for the things to settle, giving my wife the time to understand and respect the relations & if things don't settle, I will surely leave her coz mother is much more dearer than my wife. To be frank I want to handle both ways..to settle the things as much as possible and also  making the ground for divorce without harming my mother and sister...The marriage has happened without dowry and she is using my mother's furniture, electricals (refrigerator, cooler etc) and after departing she will realise when living in a situation of poverty coz I haven't the funds to meet all the demands.

Parth Chandra (none)     01 July 2010

I really respect your sentiments Abhishek....but write it down that after separation.....your wife would force you to get your share from your mother's property.....

I guess your way is right.....particularly till your sister gets married.

May god give some good sense to such wifes and bless you.....

Suraj Kumar (Business)     01 July 2010

for that I want my mother to get the Will in favour of my sister & get it registered and disown from everything.


(Guest)

Smart thinking by woken up Indian Men and/or should I say "IMAB = INDIAN MEN ARE BACK" J

Check on 11 – in - 1 scheme currently followed by IMAB
J  

1. On whose name the present matrimonial home is on? If on your name then gift deed it to females in the family.


2. Is your mother in need of medicals? If not then take one from back date (Apr. ’10) and present her an annual medical cashless insurance renewal by son annually. [The New India Assurance one costs around Rs. 6,400 annually}


3. Is your sister unmarried? If yes then take a cashless medical policy from back date (Apr. ’10)  and present her a annual medical insurance policy renewal by her only brother you annually. [The New India Assurance one costs around Rs. 5,200 annually]


4. Is your sister un-employed? Encourage her to take a vocational studies course now. Pledge to meet the annual fees in instalment(s) and enroll her into it and take fees receipt of the same. Crib about it to your wife.


5. Is your sister mobile ? Well when she is taking vocational course then you as her only brother should gift her a Scooty as a Rakhi gift, brother remember Rakhi is coming in August is it not so:-) But, do take the Scooty on a 3 years loan basis nothing less. Crib about it to your wife.


6. Is your wife medically insured by you (husband) ? Bro. yours is a seven month old marriage she should have been as courtesy by now :-)  Now take a combined cashless medical insurance of spouses and ask New India Assurance to deliver her MediCard to her office address and yours to your home address. [The New India Assurance one costs around Rs. 6,400 annually}


7. Now, time to seek employment details of your wife (appointment letter / salary slip etc.) Keep them safe.


8. Once above base work over then ask your mother to file the case with allegations of you earning nearly 50 K as well as ask her to seek litigation costs. Remember to file above liabilities proofs as evidence of no residual income left to meet maint. for mother as your first priority is wife ! Any FC Judge will buy your mother's sentiments and now force you to cough up 1/3rd of residual income, that is the point when you should readily agree not before :-)


9. Now ask your mother to file Execution on maint. granted and on litigation cost Order. Remember you should now meet the JD payments by installments through cheque in the name of your mother. Keep bank statement of such debits handy.


10. Now inform your wife what your own mother did to you ! Crib about it to your wife. She herself will suggest time to take separate residence darling :-)


11. Now ask your mother to ex-communicate both of you by Paper Advertisement in two dailies (Local Hindi n English) Buy couple of publication date papers and keep the whole newspaper with you.


Now be a good husband and let wife do whatever she wants in terms of maintenance.  


But you and your folks are still not out of 498a / DP3 / DVA / S. 125 CrPC but charges of these will be lesser and less thrilling effects now bze main charm is already tapped out by family.


Searching from the LCI database engagge a ld. Advocate as per your location they will do the fine leg work expeditiously.

ATB, Rgds.


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