Dhiraj Sharma (Manager-Human Resources) 19 April 2011

Settling Maintenance to wife without divorce

One of my known is running with highly unmanagable marital relations. Both were married under Special Marriage Act 18 years back. Now husband is living in another city where he works and wife residing in another city with three childrens. Husband vists them at every week-end and gets only thrashing from wife. She always demand for money and money since husband earns 1 lakh a month. Husband has all records with him that he pays 80% of money to her every month and it is fact. Even then she usually arrive at office to create scene to pressurise husband to grab more money as she claims husband earns much more than he told her. Husband has showed him Income Tax Returns besides pay-slips, appointment letter, annual increment letters, etc. but of no avail.

Now for the sake of his childrens (he is of 52 yrs old) he do not apply for divorce. He only wishes that Court should decide a "Limit of Monthly Money" which he is to give to his wife. (Here to mention that husband deposits every month childrens' school/college fees/expenses, house loan's EMI, cars' loan EMI, electricity bills, etc. and pays left money to her after having amount with him to survive).

Question is: Can he apply to court for Deciding Maintenance/Settlement Money.

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3 Replies

M.Sheik Mohammed Ali (advocate) 19 April 2011

if you want give maintenance whether she is deserted from him or ready to give divorce or cruetly from husband in law, then only you will provide maintenance otherwise you cannot reduce your maintenance.

Dhiraj Sharma (Manager-Human Resources) 20 April 2011

Dear Mr. Ali, Thanx for reply. Request to kindly eloborate. Is there any option to Fix the "Amount to be paid to wife/children inclusive of all their living expenses"?

Tajobsindia (Senior Partner ) 20 April 2011

@ Author

@ Legal + @ Take

1. The briefs expressed here by @ author is quite different than what we handle as thread questions here under Family Law Forum. However this openning comment besides the point in my opinion the safest suit this 'gentlemen' can file is RCR with S. 151 CPC "Application for Voluntary maint. Payable to wife / children till disposal of accompanying RCR"

2. In above suit what is assumed to happen is that wife / children will not join his company and it (suit) will go on for quite some time. However on admission hearing his side of battery of ld. Advocates shall press upon 'voluntarily deposit of maint." by way of a express Court Order showing inference that he loves his family and though he has filed RCR and not sure of its disposal time limit but do not want to desalinate his family from his legal bounded duties. Court will sympathies with him if plead well is my doable suggestion.

3. Later based on emerging situation in referred Court he can always file O 6 / R 17 CPC to convert his RCR into MCD with O 23 / R 3 CPC "Application to allow parties entering into compromise" if a MCD chance happens at his sunset years.

4. Now, this person has problem and sitting idle (means matrimonial remediless) at this advancing age of his will not help him and he shall be provided a ending solution sooner than later are some of the view expressed by above paras. Take legal help of a reasonable sympathizing FC Court Ld. Advocate from the Jurisdiction area this friend of yours lives and act accordingly on above suggested safest application(s) accordingly.