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Maintenance

(Querist) 07 March 2014 This query is : Resolved 
One persons doing private temporary job of 200/- per day married with a widow having one son.

She left after two months and filed case u/s 125 and demanding one lac.

Whether the boy can ask for maintenance since he had agreed for the marriage because the father of girl had offered job or small business to settle the couple he marries his daughter.
ajay sethi (Expert) 07 March 2014
boy can ask for maintenance from his biological father . his mother may have remarried but step father never adopted the step son
V R SHROFF (Expert) 07 March 2014
boy(husband) cannot ask mtn.
{ Marriage for consideration of offered job by wife's father : irrelevant to grt mtn for wife.. ]
ADVOCATE TRILOK (Querist) 07 March 2014
Ok understood sir.

But the girl is from Kalyan and the boy is at Dhulia. She has filed cases for maintenance at Kalyan also 498 A at kalyan against ten people who are just hand to mouth.

So whether the boy can file case of RCR at Dhulia and in which court .
Rajendra K Goyal (Expert) 07 March 2014
RCR is toothless. He should defend the case against him.
ADVOCATE TRILOK (Querist) 07 March 2014
Instead of possible payment of maintenance which the poor person is not able to pay so to avoid jail terms for non payment whether RCR is not remedy.

And it is now about two years when the girl had gone with all her belongings but later filed 498 A that she is thrown out.

So whether at this late stage any police complaint can be filed that she ran away will her as well the boys materials.
ajay sethi (Expert) 07 March 2014
boy can file case for RCR at Dhulia if he so desires . your objective is to avoid maintenance on grounds that wife has deserted the husband .

police complaint by boy at this stage would be an after thought .
ADVOCATE TRILOK (Querist) 07 March 2014
The boy sells plastic items on foopath.The father of girl through middleman assured him that he will open his shop and give him a job if marries his widowed daughter with one child.

And the poor fellow who is hand to mouth has to travel every month to attend dates because the girl had high dreams and hence ran away and than his father filed the cases.

Whether he can file police complaints of decamping of his goods and even anti dowry act at least to save his neck.
V R SHROFF (Expert) 07 March 2014
ANS:

the boy can file case of RCR at Dhulia and in District Court Dhule,

But RCR is useless, and boy have to pay for her transport & hotel bill for every date that she appear at Dhule!!

so loss on both the sides.U INVITED IT BEING GREEDY.

You married her to make money::
Modernisation allowed widow marriage, though not allowed in Manu-smruti or our old Hindu RELIGION.

MOHAMMAD MARRIED WIDOW , AND WIFE WAS OLDER THAN HIM, A SHOP OWNER!!!

TO BE HAPPY, LOOK AT AND FOLLOW OLD hINDU LAW.

To invite trouble in Life, follow Modern Hindu Law.
Devajyoti Barman (Expert) 07 March 2014
Boy can not avoid maintenance especially if the wife is homemaker.
Ask him to be prepared for making whole in the pocket.
V R SHROFF (Expert) 07 March 2014
for making [hole] not whole in the pocket.

As he tried to fill whole pocket, soon his whole pocket will be empty in litigation expenses.

Boy cannot avoid mtn in any case!!!!
ADVOCATE TRILOK (Querist) 08 March 2014
Just to avoid maintenance we want to file RCR.

Now can we file complaint u/s 3 of dowry act that father induced the boy the marry the girl with inducements .


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