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kapilshah   28 January 2015

Wife files sec 24 maintenance to my rcr case

Hi

I am married for 4 years now. Have a kid now. My wife left home during 8th month of pregnancy and has never returned. She went as its customary for first pregnancy is done at her parents house. She though never returned. Despite all my efforts she failed to return. My kid is 12 months old now. Few months back my kid fell sick and was hospitalized. My wife didn't even bother to tell me. Just for the sake of my kid and his health I thought enough is enough.  I filed a sec 9 petition asking her to return home. She filed response with false charges of cruelty and that I failed to look after the kid and her. And that I deserted her just after she became pregnant.

I had been transferring money to her and she was all this while spending the money on regular basis. Now as an after thought she filed a u/s 24 interim maintenance . Seeking 50K per month as maintenance from the time she claims to have left me.

I have enough proofs of her regular checkups and tests during pregnancy and I paid those bills and my regular NEFT money transfers to her account. 

The whole purpose of one filing sec 9 petition and willingness to restore marriage gets defeated with such laws of interim maintenance and misuse of the laws to exploit. 

My lawyer says that I might have to end up paying that amount as I have a kid. I don't mind supporting my kid, as its my duty, but demanding such huge amount and making false charges of physical abuse etc , wife is exploiting me . My question here 

1. Is Sec 24 filed by wife maintainable where Sec 9 filed my husband and more than willing to support her and restore conjugal life with her ?

3. 50K per month is it justifiable sum? 

2. Should one have to pay in arrears from the time she claims to have left home. Shouldn't this be from the date of application or date of court order.

My sincere request to all experts to help. My wife is misguided from someone close to her family. Its my child's future and health that I am worried. Same time I don't was the kid be deprived of mother's love and affection.

 

Please help.



Learning

 7 Replies

fighting back (exec)     28 January 2015

your wife will demand the moon and the sun, that should not be a point of worry, the court will arrive at an amount only after taking after evidence provided by her, your counter arguement, your evidence of actual income and expenses. her qualification and experience and then decide an amount. 

your wife has all the rights to file for maintainence, if you cant prove her income source at present. so there is no escape to maintainence. 

kapilshah   28 January 2015

Thanks for the response. 

I acknowledge that legal wedded wife has all rights for seeking interim maintenance. Fighting a interim maintenance plea where relief has been sought from date of application or date of order  is quite justifiable. But she is seeking relief for last 2 years as arrears. She is lying to get more maintenance.  Half of the time  she was with me. And rest of the time at her home for pregancy / child birth. Paid hospital bills. I did periodically transfer money.

Shouldn't account transfers that I have done to her account till date in last 2 years have any impact at court. 

I even have paid for medical tests / consultations and scanning/ultra sound. Such expenses I have done during her pregnancy. Isn't those expediture valid proofs of being maintained properly ?

Please advice, I need a strong defense here. Else as per her claims she might take 12 Lakhs for me for last 2 years for no fault of mine.

kapilshah   28 January 2015

few questions on sec 24 of the HMA. 

1. Does court award relief to the applicant from the date she has left matrimonial home ? Or its only from the date the original petition of sec 9 /13  has been filed. 

2. Is it in practice to grant relief from date of application or date of passing the order ? 

 

Adv k . mahesh (advocate)     28 January 2015

it is upto the court to from which date it will order

some times court will consider from the date of application and some time court will consider from the date of her leaving the house

kapilshah   28 January 2015

Thanks for response Sir !!

 

Since such relief is till duration of the case. If orginal case once disposed , this ceases to exist. I think this should be atleast applicable from the date of application of petition.

Seeking relief inform of arrears shouldn't be the case. Any ruling or judgement of such kind would be of great help. Though I have evidences of me spending for treatment etc. But I am not sure this will have any significance to convince the judge. 

Please help

saravanan s (legal advisor)     29 January 2015

yes she can ask for maintenance when your petition for rcr is on.

if she is working somewhere and earning a handsome amount she is not entitled for  maintenance but you got to pay maintenance for your kid which would be 1/3rd of your income.

the maintenance should be given from the time of application.

whatever bills or transaction proofs that u have just file it and produce it in court.

T. Kalaiselvan, Advocate (Advocate)     30 January 2015

Generally the maintenance award will be granted or ordered from the date of application, the quantum of amount will be decided on the basis of merits on both the sides,   You may challenge her application based on the reasons that you had been maintaining her by sending her money through bank regularly which you can prove through bank statements.   Further more, if you are willing to take her back and have filed RCR also to that effect, you may instruct her to come back and rejoin the marital voyage with you  instead of filing an application on such false and flimsy grounds.  If you find your lawyer not  capable enough to  handle the matter change him immediately than to keep worrying about the issues wrongly guided by him/her or following his wrong guidance without knowing it to be one..

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