i m crazzy (None) 23 October 2013

Can i file 406 against wife

My Wife Has Left Me 8 Months Ago And She Has Filled Maintanance (CRPC 125) In Family Court ( Other State From Her Home ) And I Have Recieved The Petition Copy And Court Has Given The Date In Nov 2013 .

I Have Filled The RCR ( Sec 9 ) Recently .

I Just Want To Know That Can I File The RCR Certified Copy In High Court By Mentioning That I Am Ready To Accept Her And She Is Asking For Maintanance. Will It Help Me Or Can Court Reject The Maintanance On The Ground That Your Husband Is Ready To Accept Than Why You Are Asking For Maintanance.

She Is Post Graduated And She Has Mentioned That She Is Not Skilled And Cant Earn Can I Submit The Documents Which Can Prove She Is Educated And Can Earn Own .

Can I File 406 Against Her As She Has Taken All Her Jewellery And Also Our Jewellery And Cash With Her. If I File What The Action Will Taken Against Her By Police Or Court.

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Prashant Ghai (Advocate) (PrashantGhai.com) 23 October 2013

What is your Advocate's opinion on these issues?

My brief reply to your query is:

*Your RCR will not help you in any way against her 125 Cr.P.C.

*Fight the 125 Cr.P.C. on merit and submit all the proofs of her education and work experience (if any). A good advocate should be able to represent your case highlighting these facts which may either help you avoid the maintenance or at least may make the Hon'ble Judge fix a less maintenance amount.

*Other aspects of your matter would require you to discuss these things with your Advocate in order to come up a route as per the facts and circumstances of your case.

T. Kalaiselvan, Advocate (Advocate) 23 October 2013

Have you fled the RCR case after she filed the maintenance case against you? However since you have made your intention to take her back through your case, you may take the same stand before the court which is hearing the maintenance case too. Her highly qualified education cannot be construed as a reason to say that she can earn and hence she is not eligible for maintenance amount by the husband or to reject her claim. She has to be employed or there should be substantial evidence to prove that she has sufficient source of income to maintain herself otherwise it is the bounden duty of the husband to maintain the wife. If she has taken away her jewellery, it is her property to which you cannot object and if she has taken away the jewellery given by you to her during the time of wedding, it also forms part of the streedhana over which she has got full rights. If she has taken away cash kept at home, you can lodge a police complaint against her for robbery and not 406 case.