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fighting back (exec)     03 April 2013

Paying travelling charges to wife

dear sir,

wanted to ask, divorce case filed in maharashtra, wife has filed 125 and sec 9 in MP,

she has travelled a couple of times to maharashtra for divorce case for counselling stage, divorce filed 8 months back. should i now pay travelling allowance too, as 125 interim has already been filed by her?



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 April 2013

Yes.You have to pay. Still she is your wife until court declares the divorce.

fighting back (exec)     03 April 2013

@Rama Chary...thank you for your reply, just wanted to ask you, if i am already beginning to pay for sec 125 interim maintainence, then also i will have to pay for travel charges to mahrashtra?

doesnt it count in double maintainence bracket?

also i wanted to know that for sec 9 and sec 125 cases i have to travel to her place atleast twice a month, now can i show that travelling cost in my maintainence reply ?

also will travelling frequently to her place to attend her cases in her hometown affect my divorce case, as tommorrow she can show my regular attendance in supreme court and get the divorce case transferred to her state?

Tajobsindia (Senior Partner )     03 April 2013

I disagree to Mr. Rama Chary l

1. No. Being legal wife does not mean once wife leaves matrimonial home on alleged whims and fancies husband is required to meet T/A when he files divorce case against her on grounds available to him.
2. In the absence of any specific Order of the Court (divorce) on meeting TA you should not pay the same.
2. If you have no income then in her S. 9 HMA you can take recourse under S. 24 HMA mentioning TA to be paid to you to attend the case in MP and same cannot be allowed to include as liabilities of yours when you reply nor it is called as double maintenance.
3. She has been given right to file S. 125 CrPC and it has no relations to TA payment as it is filed in her jurisdiction and not at yours (Maharashtra where divorce suit matter hearing are pending).
4. Your attendance at SC has nothing to do here to subject title of your post i.e. TA payment to wife.  
5. If she wants TA she has to put for consideration specific application in your Divorce suit matter at Maharashtra.
6. If she wants transfer of your divorce suit matter then she has to apply before SC citing (may be) TA among other merit paras.  

1 Like

BASANT KUMAR VASHIST (Advocate)     03 April 2013

the best person to decide on issue of compromise. It is better to get information of the appointment possibilities from the authorities concerned. It is because pending criminal trial genrally means for henius acts. Such matrimonial dispute may not be covered many a times. so you have to thing about compromise.

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