Mantainance
raghavendra
(Querist) 07 March 2012
This query is : Resolved
sir,
my wife filed divorce petiotion now case has posted for evidence of petitioner(wife) i am always ready to take her to my home she only not ready to reside with me ,and i am not ready to give divorce ,
mean while she has filed interim application asking menataince of rupees 5000 per month and also litigation expenses ,
i am working in temple as a poojari ,she is working in some company at bangalore ,
she has taken this court jurisdiction only becuse she is working in banglore hence this is my present address
now i am not able to pay money ,how can i take defence when she is also working ,
can any body provide some judgement in my favour
meanwhile can i file interim applicaion asking mentainance ,
she only custodian of all gold i worn her at the time of marriage ,
thanking you
ajay sethi
(Expert) 07 March 2012
how much is your salary ? how much does your wife earn ?
do you have nay dependent children?
if your wife is earning equivalent to your salary court will not grant her maintenance .
ajay sethi
(Expert) 07 March 2012
if your wife doesnto want to stay with you how can you compel her ? setlle case by taking divorce by mutual consent . otherwise it may take some years for divorce.
Shonee Kapoor
(Expert) 07 March 2012
Yes, you can also file for maintenance, but this order unless cancelled would have to be honoured or your defense would be struck off.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kirti Kar Tripathi
(Expert) 07 March 2012
whether any interim maintenance under Section 24 is warded in her favour. if not, you can take defense about earnings and also your willingness to take her home. Otherwise, you have to challenge the order.
Advocate M.Bhadra
(Expert) 07 March 2012
You can file a suit for Restitution of Conjugal Right,but in fact it is very difficult to execute of this suit,till the disposal of the suit you have to pay maintenance allowance.The best option for you to convince your wife at the present Divorce suit to switch over the Mutual Consent divorce in the same court.
Deepak Nair
(Expert) 07 March 2012
Sufficiently advised by the experts. Noting more to add.
raghavendra
(Querist) 07 March 2012
sir,
i am poojaty i dont have certain salary , she may have `15000 pm ,, still order under section 24 is no passed , still have to file objections , how can i escape from paying mantainace legally
also i want to file application for mantainace ,
Kirti Kar Tripathi
(Expert) 07 March 2012
you can take all these grounds in your objection and can summing her salary documents from her or her employer.
Guest
(Expert) 07 March 2012
Yes,Adv.kirti kar is right.
You can take this defence i.e,"i am poojari i dont have certain salary , she is working in some company at bangalore Have `15000/- thly salary ".If you any proof about this (salary about your wife or working in this company) attach this with list.This will be helpful to you in your case.
My best advise to you is this;
If she is not ready to come in your life then its better to give divorce as if you don't agree then you have to pay for maintenance under section 24 of HMA,1955.
Section 24, provides for the allowances which husband or wife in accordance with the order of the Court pays to other spouse for maintenance till they are separated or after they are divorced.
Raj Kumar Makkad
(Expert) 07 March 2012
I do not agree with the advice of various experts that "if you desire to live with her and resist her petition then you are obliged to pay maintenance to her under section 24 of HM Act".
The matter of divorce and section 24 are not akin and are different and cannot be clubbed though section 24 application is moved in almost all matrimonial cases by wives.
If you think that there is no ground for divorce and you want to live with her and a days shall come when you shall convince her to come with you then strongly resist the petition on all possible grounds including your desire to have with her.
So far her application under section 24 is concerned, you should plead your status and income with her status, job and income and should pray that she is not entitled for the grant of any maintenance under section 24 of HMA. You are even free to move an application before the family court to summon the service/salary record of your wife from her company prior to decision of her application.
One thing more, if the record of the company proves that your wife si working and getting huge salary sufficient to maintain her then you can even file a petition under section 340 of criminal procedure code against her for filing false affidavit before the court claiming herself that she is not earning and have not sufficient means to maintain her. This shall definitely pressurize her and she shall be compelled to review her decision.
Move ahead now with full confidence and dedication towards the defence of your case.
Guest
(Expert) 07 March 2012
I endorse the views of Shri Makkad.
V R SHROFF
(Expert) 08 March 2012
You must prove wife's earning to avoid maintenance.
if she demanded divorce, give her. Why compel wife ??
ur mtn order is in force till pending litigation, and automatically stop. yes u claim mtn for urself.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 March 2012
Just play simple tactics to exhaust the opponent.
1) First you are in service of temple and so no earning.
2) Still you love your wife and ready to take her and live with her with whatever meager offerings you get from the devotees.
3) Show the records of her earnings to the court and claim that she should support you. Though as on today no such law but may be you can create history by going to higher courts on this issue alone.
KEEP MALE EGO ASIDE SHOW ALL THE HUMILITY AND YOU WILL SURELY WIN.
Shantilal Pandya
(Expert) 09 March 2012
if you are not earning or are not able to earn and if the other side ,your wife is earning hand-sum amount then it is most likely that you may be awarded against the wife interim as well as permanent alimony even after divorce. you may note that expenses of litigation can also be awarded
