Harassing wife

You can seek maintenance under crpc 125 but very rarely a husband gets maintenance from wife.its upto her to honour the residential order granted to her and you are supposed to pay maintenance till your son attains eighteen years of age

You will not get maintenance fight the case on merits. It is not obligatory to oblige the interim residential orders. She has all rights to prove that there occurred DV, now fight and prove to court that there was no DV against wife. You are obligated to maintain your son until he attains 18 yes.

I do agree with sandy krish. If you don't have any income then you can claim maintenance from your working wife.

MR. SARAVANAN .Please advise. One of my widower  ( male , wife expired in 2005 )   Married  ( year 2007 ) with divorecee lady . She said before marriage she is divorecee ( she brouhgt one girl from earlier husband )  . The marriage did not work long time so within10 months she left, no any child from her , no any perganancy. At the time paying alimony ( YEAR 2012 ) we made DEED OF DIVORECE  and registered at sub registrar, earlier also B was having DEED OF DIVORECE and registered. At that time local advocate said that DEED OF DIVORECE registered in sub registrar is valid but when my friend went for renewel of passport the other advocate  said that your friend  marriage is not valid., so no need to show. It is also came to know that she taken her daughter admission in school and shown new name on fathers column.( YEAR 2011 ). pls advise me what to do.

Thanks.

Hi All

I have filed maintenance case under 125Crpc, but it is for "To Hear" on maintaenability of the case. In DV Her & Mine Evidence and Cross Examination completed & Now under the application of 311 & 91Crpc, I am being further cross examination for my habit of Drinking which they want to proove that I am a habitual drunkurd. DV Commenced on Nov2011. I had got myself deaddicted in 2002, in Private hospital. The same records have been called for in DV now in 2015. Will it affect my case? Experts Pl advice. I have maintained that I am a social drinking person during cross examination. Further My son will attain 18Years by Sep end 2015. What would be the maintenance for him Now?Experts Pl advice.

Regards

NVS

You have made a big blunder of indicating yourself as a social drinker, since there is a call for records on those records, the hospital is obliged to arrange those records or summon the doctor who had seen you, by chance if you are proved that you have been deaddicted the DV will go in favour of her, seriously your lawyer has misguided you in this case. With regards to maintenance your wife has a bleak chance and you have no chance to get maintenance.

Saravanan S, do u know of a case where the Court granted maintenance to a husband u/s 125 Crpc? Have u even read Crpc 125?

 

Brother Shekhar, ur only remedy is to file against her a case under the Hindu Marriage Act. And along with the original HMA case petition, file an application under HMA 24 for maintenance pendente lite. 

Hi compelled to law this was informed to Mr Shekhar Ji long back, under CRPC 125 it is not maintainable. Apply a case under HMA and file HMA 24. Do this once your son attains 18. Again you wish to listen to your advocate please feel free to do so. After mess do not come back to this forum each and every time you had a chance but you have messed up.

Thanks Sandy, There Was no Mis Leading from my advocate, Since She had told that I am a drinker, I had accepted the fact that I was a social Drinker. Futher If Deaddicted Then No Drinking after 7 Years of Deaddiction, Even If Deaddicted, It is in the intrest of family, Then How will it get affecte the case? Where will be the documents after 13 years? How will docter come & tell the same without documents in the Court?

If wife insist for a blood check up to have the alcohol rate tested then court will oblige. You think the documents are not available, it is myth, some hospitals maintain records for 5 some for 10 years and some will preserve it for longer duration. So keep your fingers crossed. How bluntly confident you are, keep your horses hold and concentrate on how you can effectively defeat her claim. If it goes for toes prejury will be on your neck, you have already told that you are social drinker under oath. If alcoholic % is above the level, you will be tested for positive and you will be a drunkard and your wife claim in DV case will be in her favour. There was a similar case where AIIMS had treated a deaddiction case in 1987. However, post issue of summons, the doctor who treated the patient testified in the family court and his claim of innocence was dashed. Better you don't be complacent.

If wife insist for a blood check up to have the alcohol rate tested then court will oblige. You think the documents are not available, it is myth, some hospitals maintain records for 5 some for 10 years and some will preserve it for longer duration. So keep your fingers crossed. How bluntly confident you are, keep your horses hold and concentrate on how you can effectively defeat her claim. If it goes for toes prejury will be on your neck, you have already told that you are social drinker under oath. If alcoholic % is above the level, you will be tested for positive and you will be a drunkard and your wife claim in DV case will be in her favour. There was a similar case where AIIMS had treated a deaddiction case in 1987. However, post issue of summons, the doctor who treated the patient testified in the family court and his claim of innocence was dashed. Better you don't be complacent.

Thanks Sandy. Now in DV Case, She definetly has provided the evidence, not that of deaddiction as on the date as she alleged in Nov2002, but a out patient prescripttion dtated sep2010. I am waiting for the certified copy of the same. & sandy perjury will not come on my neck, that I will take care. However kindly advice if I can Put Perjury case, If there are contradictory statements in the various affidavits put by her including FIR?

Regards

Shekhar

 

Yes Shekhar wait till the DV case reach till argument stage and time your perjury weapon. Hopefully she will come for settlement. You have the upper hand.

Why can't you initiate divorce and claim maintenance under sec 24 HMA, tie 125 crpc to the same application, by this way to our wife's 32 plus wisdom teeth in will be broken.