Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Manish (It Professional)     09 August 2010

Can maintanance be denied if husband is handicapped?

Hi All, Can anybody please let me know if maintenance can be denied to wife if husband is greater than 40 % handicapped but earning a good amount as salary income.

I use to see a clause that maintenance can be provided if wife is unable to maintain herself. She is postgraduate in two subjects and physically fit and has illicit relationship of her boyfriend and staying with her parents since two years, she was doing a job of Rs. 1500.

Can court consider all these facts to deny maintenance to wife and what are the real facts when wife can claim that she is unable to maintain herself?

I thanks and will appreciate you unbiased advice on the above.



Learning

 11 Replies

jibak (Advocate)     09 August 2010

Wife can not be denied maintenance if husband is handicapped. She has to prove:

1) Husband's monetary ability by giving sufficient  documentary evidences.

2) other grounds for maintenance.

3) Wife is not earning reasonable amount for her maintenance according to her status.

Suitable advice can be given on receipt of detailed matter.

 

Manish (It Professional)     09 August 2010

Thanks Sir for your prompt response but my another question.

1. who will decide the status of the lady and what are the grounds of status.  

2. Can husband ask maintanance that he need domestic and conjugal help?


(Guest)

@ Manish

Under which Section of Family law the maint. is demanded by wife !

Dhara Shah (Law Officer)     09 August 2010

1. The status of the lady can be decided by the judge who is judging the matter or any person appointed by him.

2. Yes, husband can ask maintenance.


(Guest)

@ Dhara Shah

For your advise 1 How a person appointed by Judge can decide on maint. Is it allowed by Law to appoint another person other than Judge to decide on maint. OR you referring to amius curie of the Court or you referring to LC / CC which is usually appointed at appellate state by HC this case has not even reached to that level Sir ?


For your advise 2 can a husband ask for maint. under s. 125 CrPC ?


We are not clear first of all under which section of family law the lady is asking maint. let that cat be out please !

Manish (It Professional)     09 August 2010

She has filled a petition in July Section 125 CRPC. Still husband did not present the court or recived any summon or any other information, husband and wife are staying around 2800 Km. since two years.

The reason is wife ran away with her boyfriend from husband place and husband reported this event on the same day to police station.


(Guest)

Well the cat is afterall out !


1. Show to Magistrate the receiving copy of the Police Report of wife's elopment with her BF


2.
Show to Magistrate by way of an affidavit that you want to keep your wife before any decision is taken on even interim maintenance. Let her cough up valid reason not to live with you now :-)


3. Tell court that this is a case of a "counter blast" since you objected her desire to be with her BF and not with her legal wedded husband. How to do that?  just showing the police report (receiving copy) and before you appear in Magistrate Court file a proper Criminal Complaint against her BF on charges of Adultry now let him sing his part of the tunes. get certified copy of your complain and follow start of para 3.


4.
You are fishing in different ganaga by claiming 40% disability yet showing to be earning handsomely (no wonder 1995 Disability Act india is not working properly in India) whereas your line of argument should be on adultry and willingness to keep a legal wedded wife at home and now let her sing the hare krishna hare rama tunes before Court meanwhile your work will be done.


5. I also feel that you are making your case weak by getting it go away as ex party (not receiving summon yet knowing about the case and to top it up by asking questions in LCI forum to safeguard youself seems brother something fishy in your base story somewhere). However, there is something called inspection of file and or taking case papers via court Certifying Agency which your 2800 kms. away hired POA advocate can do for you can't he ! Well there is somethign called Life and Liberty RTI which you can speed post to your wife's court and 48 Hrs you will get case papers (life and liberty because of findings in Sarla Bhirse case citation as well as you have to mention procedure wise S. 125 is run on usage of CrPC The Code are some of the reasoning you have to give in your RTI application).


Anyhow all the best above gyan are enough to bail you out only if you pay attention to your own case.


Rgds.
 

Arup (UNEMPLOYED)     09 August 2010

in general maintenance can be claimed by two way

i) under sec 125 crpc - if wife left matrimonial home fro sufficient grounds.

ii) under sec 24 & 25 of hma while divorce case pending.

one have to pray for that before the competent court.

Arup (UNEMPLOYED)     09 August 2010

for the handicaped, no relaxationprovided in the act, but the judge has enough scope to provide the same on the account of permanent medical expences.

if wife left the matrimonial home, without sufficient ground, she will deprived from the maintenance.

Manish (It Professional)     09 August 2010

Thanks a lot Mr. Arun.

I was busy handling my 498a case, she filled a fake case against me and my family that i m crual and use to drink, In my case final report is submitted to the court by police and court has partially accepted the final report. In the judgement the lady judge is mentioned that case does not seems to be of dowry and kept the protest petition as the complaint and asked my wife to submit proof and give the statement in front of judge with necessary evidences and two witnesses.

1. In this case what are the legal obligation or how far this case go against me?

2. She is not agreeing for mutual consent divorce and asking for hefty amount of money. Can I seek divorce from my side in cruelity and desrtion?


(Guest)

for 1 it is difficult to guide since the complaint papers are not there and the charge sheet is also not in front. Morover this is additional que. and not related to S. 125 crPC.


for 2 it all depends if grounds are strong then you may proceed but advised to see the flow of 498a IPC but then it will affect the S. 125 CrPC earlier given advise.


I also assume you have a advocate and he will help in refining further in this matter.

My assumption of forums like LCI is that people should come here to take "to the point" guidence and if one wants detailed consultation / guidence then need to hire advocates / study law becuase so many things in a case happens simultaneously and internet forums have their own limitations.


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