Need information on maintainance for wife and children

From your draft above it seems you are qualified . Hence i dont think so the court would grant maintanence to you as the opposite party would argue on this basis . As for the children if it is proved that you are qualified and capable of working or have worked earlier than maintanece is co-extensive for the children  . As to the time for grants its a herculian task with a no of rounds to the court waiting all day till your name is called for and than one day one counsel is absent and the next date the next counsel is absent and one day the judge too is absent and this being summer vacation time the court may be closed for the month of May hence it is difficult to predict the same . 

My advice to you is one day visit the court premises and talk to people who are attending court dates and you would realise 

I Disagree with Mr Tajobs below point

" that IM should not exceed 60 days "  since with the load on courts due to the no of cases being filed both true and false the dates are normally a month apart and than when the respondent appears he would state that on the next date he would sumbit his say and there is a period where in he can even file his say within a period of 90 days and than written and oral arguments take place which would well go beyond the above quoted period than dragging the employers for cross examination etc .The more the case drags on the more a lawyer earns .  Just like when we visit a doctor when we are sick the doctor prescribes us medicines and calls you back after a period of a week or say 15 days so you visit the doctor on the next date and he takes his fees . 

Now as per Tajobs point of view stated "as per law "

If the DV act too is taken into consideration the law states that within 60 days reliefs shall be provided section 18,19,20.........maintanence,RTR ,protection order etc etc  . Does it happen in India is a big question mark .Its only appears on paper . Even in this forum itself if old posts are read we can see reality .

Our law is outdated CRPC 125 and so have gender biased laws come into implementation . After the colonical rule by the british nothing has changed evn though india has moved ahead in other aspects .

@ Author may we know what prompted you to file 498 A or did you do it blindly as per instructions of your counsel or did he say we shall tame them . .

if 498  is filed and husband is in jail and has also lost his job than how can court tell unemployed husband okay you should beg borrow and steal is my point of view . 

My point of view is that a person who is capable of reading writing and speaking english can easily take up a decent job.

I now await Mr Tajobs Reply which i am well aware he would turn twist and wriggle out of it 

1.    Once Case is registered and passed Admission hearing stage “Notice to Respondent” is first Order of a Family Court subject to your side (Advocate) submitting copy of Application along with PF (process Fee) and on before next date of hearing Process Server report gets annexed with case file (this is where one comes to know if your Application copy along with Court notice is served upon respondent – husband or not).

2.    Once Notice is shown to be deemed served the procedure of Court can proceed to ex-part (means without presence of respondent husband an adverse Order can be passed) too if respondent does not file appearance on next date of hearing.

3.    Ask your Advocate first if PF was filed and what is the Process server report by telling him to do file inspection. This inspection you can also do by physically visiting the Court room with an two line application affixing Court fee on top on a simple piece of paper mentioning I am applicant of such and such case and wish to do file inspection of my case kindly allow as per Rules. Get this application allowed by Family Court ld. Judge and take it to Court staff room where file is kept for record and ask Court clerk to handover your file for inspection. See (read) process server report or ask Clerk to help you with the same.

4.    Interim Maintenance is summary proceedings of Family Court which are allowed based on oral arguments and summary replies filed by respondent and ideally should not exceed 60 days. It depends how much your advocate presses the urgency as spirit of S. 125 CrPC is based on avoiding vagrancy and destitution of wife r/w needs of children who are with a destitute wife.  The criteria to get Interim Maintenance is to make oral submission of 'his neglect' and placing materials regarding 'his means'.  

5.    If you are showing yourself to be housewife and he is shown to be earning an income as is evident from your brief then ideally ½ of his salary after deducting his liabilities is average award equally distributed for three applicants (housewife wife + two teens) that a Family Court awards.

6.    In my opinion your advocate needs to answer your questions more than me in reference to context as I’m not sure if first process of the Application under S. 125 CrPC is deemed served upon him or not?

I differ to opinion of above repliers. A housewife who writes in English in forum does not mean she is highly capable or should not be allowed to get maintenance under S. 125 CrPC, had it been so the language of the Code would be very clear that all female Applicant who are able to read, write, speak in English are not allowed maintenance under S. 125 CrPC hence even if you disagree that queriest should not get maintenance place some valid reason as per Law not generic repulsion to S. 498a IPC. It is like saying that if a spouse files S. 498a IPC she is not entitled to file for interim maintenance and I fail to understand why one needs to know complete facts of a brief that also in internet forum discussions to reply in accordance with law ? Let party face Court.

@ Stanley

There is no question of wriggling on my part. I attended to her query's two questions and it is nobody's case if she can write or not write in English OR for that matter who advised her to file S. 498a IPC? Further it is nobody's case if Court awarding in 60 days or 90 days as if litigant cannot force Judiciary in 60 days to get an award it is their fault not judiciary. There are cases where we prayed (i.e. force plead) before ld. Judge to award or dismiss in 60 days such IM's, it all depends on pro-active steps with knowledge a pleader takes for h/er client best interest and further there is no Noble Prize cometh if not able to seek award in 60 days BTW it becomes cause of worry for repsondent husband when arrears pile up so such delays should not be encouraged is my view.


@ Need Justice

I suppose neither you nor I am her husband to ask what you ask in your reply then you will reply to a internet query kar key!

- her qualifications (courts have allowed IM to qualified wife so it is immaterial in internet queries before replies to ask same from a queriest then I will reply kar key!)

- her employment status (courts have allowed IM to employed wife so it is immaterial to ask same then I will reply kar key!)

- years of marriage (any prudent person can guess what could be nearest age of a woman who has two teens and it is not rocket science)

- age of kids (she already mentions that they are teen) BTW Court have already given maint. to major un -married female children as well as marriage expenses to female child of a wife all udner s. 125 CrPC so what you are 'conditional' talking to us?

- by filing S. 498a IPC on a Govt. servant husband few things only happen and it is not rocket science not to know before asking and then replying; info. to department in 24 hrs. and or Dept. enquiry and or suspension with half pay and or reporting to duty with full pay and all benefits - so what does it matter if S. 498a IPC filed to know status of husband then I will reply kar key!

- What is need to know para, verse, chapter of her allegations before replying to her two main questions?

To above both and all replies so far, it is not rocket science to know that Judiciary has given both versions in her various Judgments and by highlighting one that suits only you does not make Judiciary stick to your versions in reference to context as it is nobody’s case made out and it is due to lobbying before Public Servants that may help future course correction but ‘conditional’ replies to query based on your pecuniary interest Judgment is also not suitable to internet queries such as this is my limited equity submission in reference to this query.  

@ Need Justice

1.    Well you do the honor why wait for me to have replied first then you will reply!. I noticed you have been replying to many queries here.

BTW I already replied and I quote “The criteria to get Interim Maintenance is to make oral submission of 'his neglect' and placing materials regarding 'his means'.”   
Reasoning:
You wanted (oops expected) me to reply taking into consideration men’s rights Law whereas here is a enquiry where subject is a housewife and unknowingly asking generic (larger) question on a summary matter and to her replying on men’s rights point of view will not do equity hence I replied short to the point of reference. A queriest has to be brought to level of certain understanding is my view point when I made above quote – un quote reply.

Now it is your turn as how tangible reply you want to give to this queriest point no. 3 without need to vet me on each and every post (points).

2.    To your last para my reply is, Judiciary sees merit of each case as per materials placed before her r/w submissions of parties; to you it may sound wrong to me it sounds perfect as per case-to-case so differences of view points will always be there.
Illustration:
Yesterday’s Sanjay Datt’s 1 month relief vs. the 70 years old ladies dismissal of case. To me Sanjay’s case was on different merit hence succeeded yesterday and the lady’s case was footed on altogether wrong adducing not defined under Law hence did not succeed till yesterday. There was no question of parity till yesterday on both these parties and today if Hon’ble SC has given all 7 relief of 1 month then I say it was bound to happen based on merits that these 7 convicts re-produced today.