Manoj
27 January 2011 at 08:13
Hello to all Experts. My queries are relating to maintenance in the following situation/circumstances.
A, the husband and B, the wife are Hindu married for last 7 years and having a son age 5 years. Soon after the marriage the Husband and her in laws started physically and mentally harassing B, the wife for not bringing enough dowry, not taking care of guest of inlaws, and other various reasons. Frequent taunts and even comments that she does not have good face etc.
B, the wife one day in absence of A and her inlaws left the house without informing them and went to the house of her parents along with the kid. A, the husband once came to B’s house to take her back but B, the wife refused to go due the ill treatment including mental and physical harrasment given by him and her inlaws. Since last 3 year she is living at her parents house alongwith the kid. She is taking care of the kid alone, her husband had not bothered to call or inquired about her and the kid. B, the wife several times went to meet A, the husband during this three years to start living together for the sake of the child but A, the husband refused to take her and the son back. Her inlaws have also informed B through relatives and friends that they are not ready to take her and son back. A and his inlaws have taken the custody of all the jewellery of B, and they refuse to give it back to B. Now B wants to file application for maintenance.
A, the husband is earning a monthly salary of around Rs. 25,000/- per month approx or may be even more. B, the wife is working as a teacher and is earning a salary of Rs. 10,000/- per month.
Now there are various section under different Act to claim maintenance, the section which are to my knowledge are as under:
Section 125 Cr. P.C
Section 20 of Protection of women from Domestic Violence
Section 18 of Hindu Adoption and Maintenance Act
Section 24 and 25 of Hindu Marriage Act
Now I have following Queries which are as follows :
1) Under Which section does B, the Wife can initially file application for maintenance and in which court
2) On what grounds application for maintenance can be filed
3) Does the amount of maintenance to be claimed differs under each section
4) As B, the wife is earning a salary of Rs. 10,000/- per month does it adversely effect the amount of maintenance to be claimed, and if it does than what can be done to prevent that.
5) As B, the wife several times went to meet A, the husband to start living together, will this have any effect on the proceedings, if does than in what way it will effect the proceedings and the amount to be claimed as maintenance
6) Does evidence have any role to play at the initial stage or at any later stage for filing the application for maintenance.
7) How can B the wife prove that husband is drawing a salary of Rs. 25,000/- per month or more and the husband may also have fixed deposits in his name.
8) What are the options available to B, the wife to claim appropriate amount of maintenance from A and can B, the wife claim maintenance of her son in the same application if yes then under which section
9) Can B the wife get the jewellery back in her custody
10) what are the other options or legal remedies available to such women in Society to resort to in such cases
kindly please share your experience
dipankar
26 January 2011 at 19:28
I have been suggested by experts to file injunction suit against my wife and her parents inorder to stop them from remarrying my wife.As proof of my marriage I have 2 witness,1 marriage photograph,and priest’s certificate.Can I file injunction suit with these proofs.I have already filed a case under sec.9 of HMA.My wife and her parents did not appear in subsequent dates.S
Also experts have suggested to file ROC against my wife immediately.Will you please illustrate the full form and meaning of ROC.
Please suggest if what other legal options are there.
Anonymous
26 January 2011 at 17:07
Hello Experts,
My wife has initiated proceedings against me under sec 13 and 24 of HMA and under sec 12,18...22 of PWDVA 2005.
Now I and my wife,after marriage, have always lived in Pune. She has filed these cases in MP as counter blast to my divorce petition. She has also gone to SC for Transferring my divorce petition to MP.
In the mean time, under DV, the JMFC has passed an IO that I should be paying her 4500 pm. I had challenged the jurisdiction of the court and also prayed that as the petition had no details of the allegation amd in any case there was no Domestic relationship at the time of filing the petition, therefore the matter may be dismissed.
Now I want to invoke the special powers of the HC under sec 482 of CrPC.
Please tell me if this will be an Appeal or will it be a Writ to the HC?
Can some expert be kind enough to give me a sample copy of the draft.
Additionally her lawyer is also seeking IO [Alimony Penedte lite]on same grounds [exactly the same]Can I frustrate this attempt on the plea of Res judicata as an IO has already been awarded? Their plea is the larger amount of the two awards would prevail. as far as my understanding goes it is only in the final order that the larger amount is considered and the award under DV is to be considered as a part of the whole. Please correct me if my understanding is wrong.
If you people can be kind enough to give me some guidance and case laws for jurisdiction in DV case as well as on the issue of maintenance.
Thanking you all in advance
SM
Samir Kumar Mondal
26 January 2011 at 16:34
Respected Sir,
I filed a divorce suit u/s 13(1) of HMA on 03/11/2006 before Ld. ADJ at Katwa court. My wife transferred the suit to the court of Ld. ADJ at special court Durgapur in January 2008. She filed a petition for litigation cost u/s 24 of HMA in February 2008 but the suit had rejected as she is a permanent staff nurse of a primary health center under West Bengal Govt. There was no judge from 31/12/2009 to 03/05/10.
Now on 23/09/2010 she again filed a petition for maintenance of our 5 and 1/2 years old daughter u/s 24 and 26 of HMA.
Till 24/01/2011 she has not filed Written Statement for the divorce suit and my lawyer told me I have to disposed off the case u/s 24 then I can proceed for the divorce case.
My question is it true? If not please advice me and told me the maximum time to submit written statement.
Samir Kumar Mondal
26 January 2011 at 16:30
Respected Sir,
I filed a divorce suit u/s 13(1) of HMA on 03/11/2006 before Ld. ADJ at Katwa court. My wife transferred the suit to the court of Ld. ADJ at special court Durgapur in January 2008. She filed a pitition for litigation cost u/s 24 of HMA in February 2008 but the suit had rejected as she is a parmanent staff nurse of a primary health center under West Bengal Govt. There was no judge from 31/12/2009 to 03/05/10.
Now on 23/09/2010 she again filed a petition for maintenance of our 5 and 1/2 years old daughter u/s 24 and 26 of HMA.
Till 24/01/2011 she has not filed Written Statement for the divorce suit and my lawyer told me I have to disposed off the case u/s 24 then I can proceed for the divorce case.
My question is it true? If not please advice me and told me the maximum time to submit written statement.
Anonymous
26 January 2011 at 14:09
I have filed section 9 in Nov 07.
She has filed sec 24 on my section 9 on 20-aug-08
(As per bank statement she was employed from Aug07 and getting salary through cheque)
In sec 24 she asked 27k for herself, 8k for child, 7k for council, 300/visit for coming at court.
Then on 20th Aug,08 she has done false dowry case ect.
Sec 24 disposed on 7th June : She was awarded 3k for council and 1.5k / month s 100 per date,wich i am depositing on regular basis.
I sanded RTI at her school, on 13th December,2010 which I do have a proof of speed post.
She may got aware that i have sent rti at her school, now she have given application of 151 on 22nd Dec,2010 accepiting that she is teaching and she do not req. Mant.and by mistake of her previous adv it was happen.
she has been deliberately avoiding to appear in the proceedings by moving an application for adjournment pleading her illness while she had been working and attending school where she has been teaching.
My que is may i go for 340 is it will work?? (she had alreay prayed to court prior to my 340)
WrdRelative
25 January 2011 at 16:12
Hi
I have few queries related to matrimonial law, esp. concerning maintenance (alimony) in few different situations.
Kindly answer point-wise, if you can
1) Is it correct that Maintenance , if applicable (or legally entitled), is only given to a wife, after a divorce or a wife can get it without divorce too, if living away from husband (if she is legally entitled) ?
2)If it is applicable only after divorce, is husband legally ordered to be necessarily give the maintenance as decided by court or wife always has to file a case to get the same ?
3) Is the husband supposed to pay anything as maintenance, in case a wife is a govt employee and earning herself?
4) In respect to query (3) above, is a adhoc(contractual) job will be considered equal to permanent job, as far as maintenance criteria is concerned, given that she is earning >15k/month?
5) Is the maintenance (if legally valid) is different for wife and child? and what if there is no child?
6) Is Proof of job of the wife (private or govt job) is the only proof required by husband to prevent himself from giving any kind of maintenance? If no, what other proofs can be valid? and how many are required?
7)Kindly provide some info on how much earning by wife is considered enough for she to be declared "self -dependent" and with no need to alimony?
8)MOST Important !
What effect property (special reference to land) in the name of husband has on maintenance, if wife is legally entitled to receive maintenance? Movable and immovable both?
9) If query (10) has some effect on maintenance, Can the husband transfer the same property to other family member (before any legal case has been filed or before divorce case been filed) ?
Kindly share your experience.
I hope this thread will be very helpful to many question asker's around for a long time. Thanks
Anonymous
25 January 2011 at 16:07
My wife filed a case against me under cr.cs 125. I am ready to called her at my home for that also I have filed a case under sct. 9. Tow childern under age 12 are with her. Rightdays I am jobless and dont have suficient bank balance property. Only I have a home along with me and my mother name on which she is claiming for alimony. So my question is that can court will give me order to sale that home and give her the money ? What could be possibility in case decesion ?
Unnati Shah
25 January 2011 at 15:51
Dear Sir/ Madam,
If a HUF is formed with a husband, his wife and thier son as its members and after some years the wife expires. The HUF still exists. Now after one or two years if the person remarries, does the second wife automatically has any rights in the HUF's property share after the HUF's partition? (As future children automatically has share in the father's HUF, Does the second wife also has any?). Please get back to me regarding this.
Thanks
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Domestic Violence
My client's marriage was solemnised on 18/11/2010 at Vizag(Simhachallam).After marriage bride groom has not even touched the bride at nuptials and left for Bangalore where he is working in TCI.As per the BG's mother Bride went to Bangalore onDecember15th,2010.Immediately on 18th,December,2010 Bg's Mother telephoned from Orissa to bring the Bride to her residence at Orissa on the plea that she would teach her cooking.Brides father denied to this and the bride stayed with Groom for one month up to 14th Jan,2011.BG dropped her in the Brides residence at Hyderabad on the pretext of visiting for Pongal.During brides ststay at Bangalore he never touched her and always says that he married under force from his parents and he didnot like her at all.Now on several requests to take her back the Bg is telling that he wanted to divorce her.Bride is mentally harrassed and is always crying and wanted to die.She is highly qualified(MBA,DOEACC'A'Level Programmer)and is from a very rich family.Brides father spent a lot on Dowry and household assets worth 20lakhs.Bg is from a poor family doest have a house to livein and he is MA(ECON)and M.Phil.Working as a team Leader in TCS BPO.He even not declared of having married in his office.He has not come to registrars office for a marriage certificate.It all seems preplanned and for money. Please advise what to do in this case.Bride is not willing to file a case agaist him.She still is having hopes on him.Please advise.Thanks in advance.