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Rahul-1234 (Unemployed)     13 October 2015

Class-i officer wife - crpc 125 -handicap unemployed husband

Working Govt. Employee Wife asks maintenance for her and kid from a handicap unemployed husband?

 

DETAILS:-

  • Got Hindu Marriage in 2009 in India .
  • Child born in 2010 in California, USA.
  • Ambitious wife, left USA in 3 months for her job in India.
  • Came back to USA when she found out that she is pregnant, for the delivery, for 7 months only.
  • Later found out after 1 year that wife was in love with her BF/college guy, and her parents married against her will. And that is why from 1 day only she never respected her husband or his side of the family. (She still meets her old BF)

 

HANDICAP - UNEMPLOYED - HUSBAND:-

  • Husband had a terrible car accident in USA, and was in hospital for 7 months, and 5 months in coma, and hence lost his job, and he is unable to get the job in India.
  • Husband’s ailments: Artificial graft attached to his heart (Aneurysm), broken ribs damaged the heart. Suffering from VIRTIGO (loss of balance), severe head injury, Titanium rod in right leg. And severe back pain. (Have Medical Documents from USA and big hospital in India to back all the injury/ailments/claims)
  • Husband/I returned to India in 2012, and she never wanted to meet again or let the husband or husband’s family see his child since 2010, so finally I filed for divorce in 2013.
  • I tried to get a job again, but couldn’t get job.

 

WIFE’S CLASS-I OFFICER GOVERNMENT JOB:-

  • She earns Rs. 82,000 + car and a driver + other benefits.
  • She is from Nasik, and is working in Nasik.
  • She bought a flat in Navi Mumbai, in 2011.
  • Was demanding Rs. 15 lacks from husbands side and then only will let us see our child.
  • Now filed for Cr PC 125, and now in the court suppressed her income and shows that she earns only Rs. 46, 000, after deductions, and after paying for the Mumbai flats EMI, she is left with not much to feed herself or the kid.
  • Husband brother had taken leave and gone to that flat, and found that it has been rented out, and a family is staying there. He secretly got the video shot, of the tenants while inquiring about the flat.

 

QUESTION:-

  • Handicap Husband is from Goa, and till now in last 2.5 years even the judge in HC could not decide if he should transfer the case to wife’s city Nasik or let it continue in Goa where it was originally filed. In the mean while, the cruel money-minded wife, filed for Cr. PC 125, and now is asking for Rs. 50,000 for herself and the child, with an interim maintenance of Rs. 20,000. My lawyers in Goa, Bombay HC (for transfer stay), and in Nasik, all are fighting hard, but still tell me that all the laws are woman biased and judge may still award her IM, as per her wishes, as they really don’t get into depth of the details initially. Is that true? What options do I have?
  • If anyone has citations of the case where husband is partially handicap & hence unemployed, then what happens with his maintenance case? Because I have heard on this forum, that if the husband is un-employed, the court still tells him to go and do a job and pay maintenance, so can that happen with a partially handicap guy also?
  • Can I ask the judge to tell the wife to sell the Mumbai flat, as she is not even living there, so she wont have any money problems? (Instead she can buy a flat in Nasik itself for cheap.)
  • Because of being partially handicap, I cant travel from Goa to Nasik for the court cases, so how can I have the case in Goa, where it was originally filed? Should I fight for the transfer case till Supreme Court, and can I win against women biased laws? Cruel wife not ready for MCD !!!
  • Any hints/suggestions that you can give from your vast experience? THANKS IN ADVANCE !!!

 

NOTE: I can take some tuitions and pay some amount for child, like Rs. 2000 (whom I never saw after 7 months, after she left USA), but I cannot pay maintenance of Rs, 50,000 for both of them, let alone pay Rs. 20,000 as Interim Maintenance. PLEASE HELP !!!

 

GOD BLESS YOU ALL . Rahul.



Learning

 9 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     13 October 2015

In the given circumstances no maintence can be granted.

 

However the case can be sent to Nashik where she is now .

 

Contact us after transfer and we will get an expert advocate in the field.

SAINATH DEVALLA (LEGAL CONSULTANT)     13 October 2015

Whether the husband is handicapped or unemployed,a well qualified and earning wife cannot claim interim or permenant maintenance from husband.This has been ruled by SC and many HC's also.As the procedings are going on in Goa and taking UR physical condition into consideration,UR lawyers can pray and impress the court for retaining the case in Goa.

GO THROUUGH THE ATTACHED FILE


Attached File : 71947 20151013165244 544794825 wife to pay maitenance.docx downloaded: 111 times
1 Like

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     13 October 2015

The citation given by you is for HINDU MARRIGE ACT. It is not appliable for crpc 125.

 

On the other hand there are all the citatons under CRPC 125 to maintain wife even educated.

 

But in this case the income and properties of wife have to be shown and husband incapable to work.

 

There will be other tactics such as income of flat not shown and no taxes paid and similar other issues to bring the opponent on dock..

Rahul-1234 (Unemployed)     13 October 2015

Dear Reespected Responser's ,

 

Thanks a million for your valuable information. It would also be great to know,  :-

 

(1) Court can still grant maintenance for the child? How much approximately is can be from an UNEMPLOYED- handicap- person?

 

(2) She has shown in the court that she is paying EMI for the Mumbai flat, but she is not showing inclome from the rent. So how can I get it documented, as the societies secretary and the chairman are not helping out give any information? (My lawyer says that she can always claim that she has a caretaker living in the house)

 

(3) I have a plot in Goa, which I got is from my parents, but before filing divorce, I again transfered it to my mom's name. So as per Marriage Ammendmend Bill - 2013, can she still claim 50% of that, now when it is back on my mothers name? (NOTE: It was her stri-dhaan, so can I tell in the court that she/my-mom took it back?)

 

 

Thanks again and God bless you all. Rahul.

Rahul-1234 (Unemployed)     13 October 2015

Also, 1 more question:-

 

(4) Can I ask the judge to tell the wife to sell the Mumbai flat, as she is not even living there, so she wont have any money crunch/problems? (Instead she can buy a flat in Nasik itself for cheap.)

She makes more than 1 Lack per month, but supressed her total income + hiding her Mumbai rent, and now claims that from her Rs. 46,000 take home salary, she has to pay huge EMI, so not much is left for their survival.

 

NOTE: No one from husband's/my side or wife;s side is from Mumbai, and I think she only bought that flat to show that inspite of high income = 1.2 Lacks/Month, still she cant survive and needs Rs. 50,000 from husband as a maintenance !!!


(Guest)

Why dont you ask for appointment of court commisioner?  He can look into all of the above matters and give report to court, whose findings even SC cannot overlook !

Adv k . mahesh (advocate)     15 October 2015

you cannot pray court that to sell her mumbai flat court will not accept your prayer

try to get the rent holders statement or any slip from the society how much rent they are paying this will show some light and about her salary part as she is working in government i think rti will applicable to gather her salary information

and finally court if grants interim maintenance then only for your kid but not to her and ask your lawyer about if you claim maintenance from her what are the chances of getting as you are handicap unemployed anc thus court will grant or not to counter her

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 October 2015

Sanjay Bhardwaj v. State, the Justice Shiv Narayan Dhingra.

HIGH COURT OF DELHI AT NEW DELHI


No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage.

 


We are living in an era of equality of s*xes. The Constitution provides equal treatment to be given irrespective of s*x, caste and creed. An unemployed husband, who is holding an MBA degree, cannot be treated differently to an unemployed wife, who is also holding an MBA degree. Since both are on equal footing one cannot be asked to maintain other unless one is employed and other is not employed. As far as dependency on parents is concerned, I consider that once a person is grown up, educated he cannot be asked to beg and borrow from the parents and maintain wife. The parents had done their duty of educating them and now they cannot be burdened to maintain husband and wife as both are grown up and must take care of themselves. 

 

https://delhicourts.nic.in/Aug10/Sanjay%20Bhardwaj%20Vs.%20State.pdf

 

 

Please also see my profile links for sample petition and other clues. Please use this judgment as citation and plead your case Party-in-person and win. Good luck.

Mukesh sharma (job )     23 October 2015

as per suggestion of all of i agree with all bec in this case husband unemployed and wife doing job and also in good post get good salary so why she get maintiance from husband in sec 125 court order to maintaince order if wife not do any thig and depand on family or other and husband get good salary and wife dont maintain owen bec no free income in this case she can no get any money from you curt not accept her application 


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