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AAAAAAA (A)     25 February 2013

Am i eligible for maintenance

I left my husband's house in April 2012 and went to court for maintainence. He is working as Asst Manager in a reputated bank. I am MBA but left the job before marriage. Court has given him last chance to reply but he didn't appear. The court fined Rs 500 and gave the next date. I am trying for job but couldn't succeed. I want money for other court proceedings also. Am I eligible for maintenance??

One more question he is having all my jewellaries and FDs which is given to me by my parents and relatives at the time of marriage. He is not ready to give all my articles including my expensive clothes. How can i get those? How much time it will take to get all those articles? What constitutes Streedhan?? The articles which i get from my parents home or those also which i get from my in-laws?? Please reply. 



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 13 Replies

Arvind Singh Chauhan (advocate)     25 February 2013

if you left your husband with reasonable cause you can get maintenance untill you get employed .

 

You may file criminal case under sec 406 for misappropriation of your stridhan.


(Guest)

I am sure you wont get a penny!!! not only your jewellery but also maintenance legally or otherwise.

Sure, you will get a bonus that you will be called a "divorcee" soon.

AAAAAAA (A)     26 February 2013

Well, I am ready for divorce. It's better to be separate rather than to tolerate his physical torture. But he don't want to leave me. He is not ready for divorce. I am trying for mutual divorce. Even I am trying for my job also. I don't want a single penny from his side but because my financial condition is not good so that i can fight cases against him. That's y i am asking that am i eligible for maintenance or not?

Is it proper way that he has taken all the gifts (gold and cash) that is hard core money of my parents. I want that back only. u ppl don't have right to hurt the feelings of a girl by saying so. I just want to know the legal reality through this forum.

Thank you.

shriks........... (healyhcare)     26 February 2013

MADAM, IF U DONT WANT ANYTHING, FORGET IT AND GO FOR DIVORCE, ITS QUIET EASY IF WIFE WANTS DIVORCE AS SHE HAS LOTS OF BRAMHA ASTRAS TO THROW,
THOSE TAKE TIME BUT U WILL GET IT, WHILE IF HUSBANDS ASK FOR DIVORCE , CONTESTED TAKES YEARS..
MCD WILL SORT OUT ELSE REGULAR SEC 13 WILL BE CONVERTED TO MCD IF U BOTH AGREE ON APPEARANCE..
THATS IT......

Msk-need -nuetral- laws (self)     26 February 2013

@ AAAA,

File IPC 406 and get your due return and speak to him for mutual divorce. All other means will drain your energy, time, money. If you are suffering for money, free legal aid available to women.


(Guest)

u r thinking of expensive clothes.. and u want all to believe that u dont want anything.

greed has no end. be honest. 

haraam ke paise hajam karne ke liye churan lete lete sab paise kharach ho jayenge.


(Guest)

In the end what will be left with you is those ill-fitting expensive clothes !

LAW STUDENT (NILL)     26 February 2013

YES AAAA

a Hindu wife, shall be entitled to be maintained by her husband during her life time.

but there must be a particular reason why u left ur husband home, like if ur husband has treated u with ccruelty /apprehension in ur mind that it will be harmful or injuries to live with him/he has any other wife living/. if there is any other cause justifying living separately.

then whole life even after diovorce also u will get maintence.

ur other things also he has to return.

Adv. Chandrasekhar (Advocate)     26 February 2013

Madam,

First, maintenance part:  If you are in indigent position and unemployed,  for your sustenance, you can seek for maintenance, if there is a reasonable ground for you to keep away yourself from your matrimonial home. Cruelty perpetrated by the husband and harassment by husband or relatives of husband living in matrimonial home are valid and reasonable grounds for a wife leave the matrimonial home and seek maintenance.  It can be souoght by Section 125 cr.p.c. or Section 18 of HAMA or Domestic Violence Act.  I suggest you to move complaint under Section 125 cr.p.c., which is expeditious and also has a provision of interim maintenance, which can quantified immediately after receiving the husband's counter in the case. Your educational qualifications and your capability of acquiring job are not considered to deny you the maintenance rights.  Very a few cases are there and particularly one by Justice S.N. Dhingra (retired judge) of Delhi High Court, which says that able bodied and qualified woman is not entitled to maintenance.  But thhis judgement and their ilk are not binding in nature as the Supreme Court has already laid down the principles those govern the grant of maintenance to the estranged wife and you fall in that category and hence, being qualified and able bodied, but being in unemployment, you are entitled to maintenance.  Further, Justice S.N. Dhingra's judgment is also not binding for the reason that it is per incurium judgment and has not referred to any supreme court or division bench of Delhi High Court judgments, which go contrary to his professed new philosophy.  So, the trial courts long back stopped to take into consideration of his judgment.  so, you can go ahead in this direction.  

Next recovery of stridhan.  Stridhan is such property or gifts which are given to bride before, during or immediately after the marraige either from her family and friends side and also from husband's side.  They are recoverable at the instance of the wife in the event of estrangement or in normal conditions.  There are three modes to recover these articles/properties.  The first method is by filing police complaint under Section 406 IPC.  the police initiate conciliation and during the conciliation prevail upon the husband to return them.  Second, directly filing the complaint before the Magistrate, again under Section 406 IPC.  Thirdsly, by filing civil suit for recovery, which is costly litigation as court fee has to be levied on the basis of the value of the property / articles, sought to recover.  In addition to this, again under domestic violence Act, you can recover stri-dhan property.  For recovery under this mode, you have to file DV case before the magistrate.  For obtaining relief under DV Act, you have to prove domestic violence.  Even refusal of stridhan to the wife at her demand is itself "economic abuse" and amounts to domestic violence.  So, domestic violence as defined in DV Act and the harassment as defined in Section 498-A IPC (popularly known as dowry harassment) are different in colour and complexion and tone and tenor.  Further, the qulity of evidence required is also different in both the cases.  So, consult a good and knowledgeable advocate and proceed further.

Wish you best of luck.    


(Guest)

@Chandu sir,

You have very well explained the legalities w.r.t each and every section but you have failed to explain how long she would take to get her jewellery and FDs back!!!

Please tell me how many years she has to fight for these cases againist her husband who has got an upper hand now in terms of cash and gold. If he sells them off and then how this lady will be able to conclusively prove it as sthridhan?

Yes 406 runs and so is her "age" for years and the huge advocate fees and settlement fees. Ultimately a settlement will be arrived, in all this time period, her husband can very well fight all her cases with her money.

Now tell me who is at losing end?

Rahul Kapoor (Legal Enthusiast)     27 February 2013

hello,

you must not willfully incapicitated yourself from employment.

you need to present a strong defence.

if your husband return the articles make sure you make a list.

 for effective 406 on somebody:
1) You should have proof of purchase.........that u have VAT paid bills
2) You should have proof that u gave this item to opp party out of faith with a clear understanding that opp party will return it to u when asked..............mean to say evidence i) in whose presence ii) where iii) When it was entrusted to other
3) You should have proof that opp party has misappropriated that item n refused to give back when u demanded back i) where ii) When iii) in whose presence. ..

 

regards-

rahul.gogreen@gmail.com

Msk-need -nuetral- laws (self)     27 February 2013

Yes, IPC 406 can be applied and pressure can be  excerted on husband, but if husband is bull strong to tackle police and drag to court, if no evidence persists to proove, it is only time and money waste.

Second, I am not clear on Adv. Chandu part, even SC said in a judgement, if one educated, it is to be  put into practice and employment , MBA is no +2, to say, I am incapacitated to earn. 


(Guest)
Originally posted by : Msk-need -nuetral- laws

Yes, IPC 406 can be applied and pressure can be  excerted on husband, but if husband is bull strong to tackle police and drag to court, if no evidence persists to proove, it is only time and money waste.

Second, I am not clear on Adv. Chandu part, even SC said in a judgement, if one educated, it is to be  put into practice and employment , MBA is no +2, to say, I am incapacitated to earn. 

I don't think there is any such judgement from SC that if wife is educated, she can't get maintenance.

Can you provide citation?


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