maintenance
chander mohan
(Querist) 13 July 2014
This query is : Resolved
Respected experts.
My wife filed maintenance case in both faridabad (her hometown) and in delhi (my hometown) but maintenance not yet awarded. I dont want to give her a single penny because she has filed false 498A against me n family member. She has been living separately from me in faridabad since 18 months. According to her, she neither want to return to her matrimony house nor want to live with me as i am posted to tripura. I filed RCR in delhi. My lawyer has advised me to take as much as loan as i can to minimize her maintenance. Accordingly, I took loan after her filing of maintenance case . I am paying EMI of 15000 pm. My salary is 30000 pm. She is not working yet and have a baby of 6 months. Now question is-
1. Will court award lesser maintenance to her after considering my EMIs. I heard that loan taken by husband after filling of maintenance case by wife is not being considered by court as it will be presumed to be taken to minimize maintenance.
2. Approx How much time court take to award maintenance to wife
3. Considering the my above story, can court refused her application for maintenance as she is living separetely from me.
4. Can both maintenance application filed by her in faridabad n delhi clubbed together.
ajay sethi
(Expert) 13 July 2014
court can award her around Rs 10,000 as maintenance since your wife is not working and has young baby to look after .
application for maintenance would take around 6 months to one year to be decided .
if your wife has filed 2 separate applications for maintenance draw attention of the court to said effect . you should not have purchased any flat during pendency of your 498A /RCR case.
your wife can claim right to stay in said matrimonial home
Devajyoti Barman
(Expert) 13 July 2014
1. EMI will be of no help as it is for your use only.
2. it varies from 4 months to one year.
3. No
4.No, since states are different.
Rajendra K Goyal
(Expert) 13 July 2014
1. EMI does not seem to be helpful in minimizing the maintenance in your case.
2. Depends upon court, interim maintenance would be awarded soon.
3. No is the answer.
4. Draw attention of the court to this.
chander mohan
(Querist) 14 July 2014
Thanx experts for timely reply. But I read in sec 125 clause in law book which mandates that "unless wife could not produce sufficient reason for living separately before court, court will not award maintenance to her". During my first hearing of RCR she could not produce any single evidence in support of her before the judge. Despite above facts, still court supersede its ruling quoted above.
V R SHROFF
(Expert) 14 July 2014
FORGET BOOKS:
Read court orders..
who prevent her alleging cruelty, ill treatment??
Take it for granted that you have to pay maintenance.. Be practical in this woman oriented litigations....
ajay sethi
(Expert) 14 July 2014
thanks for your appreciation
Dr J C Vashista
(Expert) 15 July 2014
Nothing more to add except to file certified copy of the petition filed in Delhi in Faridabad Court and vice versa.
Emphasise and contest for dismissal of both applications.
T. Kalaiselvan, Advocate
(Expert) 16 July 2014
Applications for maintenance at two different places and courts itself will become fatal to her both the cases. Please ensure if she has declared in either of the petition that she has filed maintenance in other place too. You may challenge her case on this ground itself.
