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rajoo (exec)     25 January 2013

Wife refusing to do a job, is it cruelty to husband?

Dear sir,

pls give your kind advice on my topic, my wife has filed a sec 125 maintainaince case on me and asked for rs 20000 per month, claiming my salary is rs 35000, in actual, my salary is rs 18000 pm.

she is more qualified than me, she is M.com and pursuing MBA, i am a Bcom graduate. i had requested her time and again to take a job as it is difficult to survive with only one person earning in todays date, however she flatly denied to work anywhere, and just wanted to stay at home doing nothing, she has passed some competitive exams also, being very intelligent, but she just wants to survive as a parasite on my income.

i had take her to the CAW cell as she used to threaten me of filing false cases if i dont give her money to spend. reluctantly i agreed to pay her rs 3000 pm,, besides i was also paying the houserent of Rs 3500pm. the CAW cell has recorded mine as well as her statement in writing.

I want to know that can asking a wife to do a job for support be cruelty on her? and her flat refusal for doing a job and insisting on surviving on husbands money, and wifully refusing to work anywhere, and on top of that threatening me with false cases, and going futher and filing sec 125 on me, will it be grounds of cruelty on me as a husband?

can i use this as a ground for cruelty on me? also since i have agreed to pay reluctantly in front of caw cell that i will pay rs 3000 pm for  her expenses and also rent of rs 3500? will i have to now pay it? will the court force me to pay rs 6500 in total?

actually i was threatened to make this payment of Rs 3000 by my wife, she threatened that she will make my life miserable if i dont payup.

pls members, guide me, i am forced to part money which i was wanting to give to my mother for her medical treatment monthly. now if make payment of Rs 6500 i wont be able to provide for her monthly medical expenses. pls guide me.

 

thanks



Learning

 3 Replies

Msk-need -nuetral- laws (self)     25 January 2013

Hello Rajoo,

All your questions can be answered if you had read 1000 posts in the forum. However for your quick browsing, please find my responses;

1) Asking wife to share household expenditure by work in not cruelty but however forcing her through unlawful means like harassment of not providing food, shelter are creulty.

2) If you accepted before CAW in statement for monthly payment, that is not legally enforced still you can stop.

3) Threatening you with false cases is cruelty on you by her, so collect acceptable proof and save wih you in original format.

4) What is the status of CrPC125? Was maintenance awarded by court? 

1 Like

rajoo (exec)     25 January 2013

hi mani, thanks a ton for your reply, she has filed rcr, after that i filed for divorce, then she filed 125, case is for interim and final maintainence. she is at her moms home, first date has not yet taken place. only counselling done

Chetan Joshi (Advisory/Advocacy)     26 January 2013

You need to file a strong written statement submitting your part of story...Asking wife to work doesn't prima facie amount to cruelty...

 

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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