Maintenace
Naveen
(Querist) 20 September 2014
This query is : Resolved
Brief about a case, wife refused to return u/s 9 of HMA filed by husband where the court ordered that husband may file divorce. Further the wife immediately filed matter u/s 125 CrPc from another state mentioning that she has been living with her 'Mausa' despite of several objections by husband that 'living with the father of her boyfriend is promotional grounds of illicit relationship' hence invalid jurisdiction. Husband continued to make periodical money deposits in account of wife and ensured medical provisions for the benefit of minor child and wife. Neither wife nor state court decided jurisdiction. Further, ex-parte maintenance orders awarded against husband by keeping aside submissions and signed bank documents by husband based on verbal falsification statements of wife that 'husband has not made any provisions'. Further, the state court also kept aside the submissions of wife that were submitted by her regarding her 'income status'. State court awarded maintenance applicable from 'date of order' by mentioning that the issue considered by the court is 'two years of separation' on the 'date of ex-parte order' itself. Wife also succeeded to award ex-parte maintenance through revision court as well through manipulation of service and also filed execution u/s 125(3). Husband based on his arrest has approached corresponding High Court but the established law of High Court of that state is to stay revision orders only but to continue the earlier maintenance orders and also to continue with the execution proceedings. Hence, High Court is also not listening.
None of the state court is listening to consider the money that was deposited by husband after separation and/or after date of order. Every court is verbally mentioning that the money was deposited by husband based on his own decision not as per the order of court hence money cannot be considered but the husband has to deposit more money in compliance of that state orders else the court will NBW arrest the husband. Court has passed several adverse orders against husband without specifying any other grounds except the non-compliance of that state orders including NBW arrest, recovery warrants, attachment warrants as well.
Further, there are sufficient and strong evidences of invalid jurisdiction, non-maintainability of legal matter to award maintenance and illegal use of criminal proceedings by the state.
She is educated and earning an income.
- Wife has submitted atleast two times that she has sufficient income to maintain herself but the courts are simply ignoring without considering the bank records and her own written statements.
- Husband did not neglected her ever i.e. when they lived together and despite after separation and made money deposits and ensured medical provisions. Husband also declared 'expense status' when they lived together and continued to deposit sufficient money even after separation.
- Husband has sufficient proofs and complaints that wife has deserted him and even the wife denied to return u/s 9 of HMA.
- Husband has lost his job by way of his wife since she used illegal mechanisms through state courts resulting in arrest of husband from his office hence husband is unable to maintain himself but the court mentioned that the court is not concerned of hardships of husband.
- Wife has not provided any sufficient reason, cause, purpose for her living with another male person who cannot be classified as her blood relative hence promotional ground of illicit relationship.
Please advise.
BAALASUBRAMANNYAMM
(Expert) 20 September 2014
It is understood from your brief history of case,that it is not the success of wife, but it is the failure/latches on the part of the husband to establish his contents before the court. Even the husband depositing monthly amounts towards the wife without passing orders of any court, but the husband failed to gain sympathy before the court. But any how, the only option for the husband is to approach a appellate court and even now also try to establish his case with an experienced advocate.
ajay sethi
(Expert) 20 September 2014
there are number of judgments that if wife is working she is not entitled to maintenance . you should have relied upon these judgments in support of your case that wife is not entitled to maintenance . if you are aggrieved by orders passed by HC go in appeal to SC
Naveen
(Querist) 20 September 2014
Thanks Gentleman.
Unfortunately the success of wife or failure of lawyer of husband, is not the question. Its also not about gaining sympathy either.
Husband is being harassed by the legal system of that state. Both law and facts are in favor of husband however the reality of the system is known to everyone.
The query is what should be the steps after High Court orders.
Rajendra K Goyal
(Expert) 20 September 2014
Well advised, agree with the experts.
Sudhir Kumar, Advocate
(Expert) 21 September 2014
repeated
http://www.lawyersclubindia.com/forum/Dv-citations-109076.asp#.VB4qhFeO5G0
Sudhir Kumar, Advocate
(Expert) 21 September 2014
also repeated
http://www.lawyersclubindia.com/experts/Maintenace-498081.asp
Sudhir Kumar, Advocate
(Expert) 21 September 2014
also repeated
http://www.lawyersclubindia.com/experts/Is-any-judgement-on-non-maintainability-of-DV-case--498076.asp
Sudhir Kumar, Advocate
(Expert) 21 September 2014
repeated
http://www.lawyersclubindia.com/experts/Divorce-498091.asp
Laxmi Kant Joshi
(Expert) 21 September 2014
You are not harassed by the law but you can say it you had not opted the right track in your case , you must raise the written objection and submitted the proof in your favour before the court and against the allegations , you had not attend the court hearings resultant an exparte order had passed against you , whatsoever now you file an appeal before the higher court and give all your statement with supporting proofs and fight your case on their merits .
Naveen
(Querist) 22 September 2014
Dear Mr. Sudhir,
You are connecting different cases with this thread.
Dear Mr. Laxmikant,
Firstly Thanks, The objections have been raised severally to the courts with sufficient facts through applications and documents with signatures. The appeal is filed to High Court as mentioned in the brief summary.
Gentleman,
Highly appreciate your suggestions, but at this stage, suggestion required for next steps.
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
Well advised by experts, I go with the views of expert Mr.Baala Subramaniam.
