(Querist) 27 January 2011
This query is : Resolved
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
3.No, but in 125 there are some state amendments for the maximum limit of amount.
4.Yes it affects but there is a child also.
5.& 6 are the matter of evidence all depends on evidence.
7.If he is a govt. servant his salary details may be asked under RTI or she can request to court to call his employer in evidence.
8.She can claim on the same application if the child is minor.
9.Yes it is her Stridhan and she can claim back.
10. Best solution is reunion for the sake of family and child.
DV Act is the best remedy it covers the all type of relief.
(Expert) 27 January 2011
I disagree with Arvind. All options are not open. Especially the PWDVA, 2005 because there is no domestic relationship now. You can cook up a cruelty story but the fact is also that the husband had come to take the wife back and she refused to return. Thus there being no justifiable ground to leave the matrimonial home she'd rather her lawyer would have a tough time getting maintenance. She surely can claim her streedhan back i agree with Arvind on this point.