Maintainence

Originally posted by : charu latha
	Is working wife eligible for maintenance? Is it necessary to file maintainence along with RCR? I am asked to file maintenance along with RCR by my lawyer. I told him that i earn well to maintain myself. But he said becoz your husband earns 4 times more than you...we are filing this case. And most important thing is not to file for maintenance and win it. But to put him under pressure. As i am not going for any other case. These two cases along with OP he said he is going to file. Though i have been telling him not to file for maintenance...as i dont want his money. But my lawyer says..when he will be asked to shell out money only...he will understand the pain and not drag the case. Is the reason for filing maintenance.......technically to deprive the other party from dragging the case? Please dont comment on me. Request is to answer the query only in terms of Sec: 125 cr.pc.

Dear Charu Latha,

If your husband agrees to pay money to you and once you start recieving money, you cannot ask for house, husband etc.

@HH

Can you restrain yourself from making personal comments? thats what author requested right in the init post?

@Charu

You may have to change your lawyer. Go for MCD, you cannot save your marriage. Because this way you are only moving away from your target.

 

I spoke to a couple of lawyers about  your case.

There is only one ray of hope for you to get your husband back.

 

Not DV, not 125, not 498a.

 

If you get him to talk you on a one on one basis, that would do the trick, that you should try.   

 Your husband can only handled by love and not CRPC or any other section of the law.

 

Along with that, first file RCR application.  Don’t file maintenance application as told by your lawyer.  That will only make things worse.

 

 

1. The INTENT and OBJECT of S. 125 CrPC is to provide QUICK REMEDY to a deserted WIFE who is 'DESTITUTE' and undergoing 'VEGRANCY".

2. The Law says so not us.

3. If you feel you are destitute i.e. left of on the streets and need quick remedy of maintenance for cloths, food and medicine in that exact order then sign on the dotted lines for seeking maintenance from an husband showing his ABILITY and NEGLECT.

4. And if you feel you are earning a income and is not living of the streets then this Section of CrPC is not for woman like you.

Make informed decision now without first of all self making emotive brief then telling repliers not to make emotive reply hiding behind words of sound advice from a self appointed Lawyer. 

In the eyes of Law you would be disalowed extending this experiement declaring you as an empowered woman and will not be allowed at all to get benefit under S. 125 CrPC. Who gets dragged will be discovery a earning wife discovers from Court Order on IM.

RCR filed here is on different footing in reference to context and one can discuss its merits / de-merits at some other time. 

Thank you all for your replies.

I never want to file this maintenance case. I have told my council also the same thing. Whether i am legally entitled to it or not...i dont want money from anyone. I feel like claiming maintenance is nothing less than begging on streets. DONT WANT TO HURT OTHERS HERE. Because i am educated and working i am able to take this stand.

Thanks sujay for discussing my case. I know only talk can help. Believe me i tried several times. Now RCR is the only last option left for making him come for one on one talk. Thats is all i want from RCR.

Rest i dont want to file any other case.

" Is the reason for filing maintenance.......technically to deprive the other party from dragging the case?" - not true always and also courts see merit of application. In my opinion not good stratergy.

@charu.........i want to ask u a question> why do you want to make your life as well as his life miserable. marriage only works out when two minds meet and decide to carry on together in life. filing useless cases like RCR and maintainence is of no use. when the other person has made up his mind not to live with you. u can take the horse to the water but u cannot make it drink. also threatening someone with 125 case, which is a quasi criminal case, do you think you are telling your husband that ": darling i love u sooo much (RCR) but u bast***d you better empty your pockets for me (sec 125) as i want to visit the beauty parlour to makeup my eyebrows. but the parlours are soooo costly" 

do you think such contradictions in your soo called "love" towards him will ever work. i can bet my life on this that what he is thinking right now is " i just want to get rid of this parasite off my back now" this is what happens when people dont understand basic human feelings.

my dear friend, you have to move on in life. u cannot coererce anyone to live with you. it is human tendency that the more force you use, the more hardened the opposite person becomes..........so move on. as amir khan has said rightly in a movie.......bus train aur chokri ke liye nahi rukna chahiye.....ek gayi to dusri, dusri gayi to teesri......:)

and i strictly advocate being a realist in life. because emotions kill people. so throw out the emotional stuff out of the window. as far as social life is concerned, zamaana to hamesha bura hi bolta hai na...!!

@ Author 

There may be different views  for your counsel to tell you to file for maintanence inspite of him knowing that you are a working women . As per My view .....

1. He gets a case in hand and so will his fees start either in terms of a package or per hearing basis . 

2. If it is per hearing basis he will drag the case so that he can abstract money from you in terms of lawyers fees . 

3. strategy used by him would be .........

a) Summon his employer .

b) Ask for his salary slip . 

c) Ask for his P.F no, Balance sheet  

d) call for the person who has signed the pay slip to cross verify if its his signature . 

At the inital stages itself it may get dismissed as you are a working women or may get prolonged and in the long run you would be the one losing your hard earned money in terms of lawyers fees . 

 

@ Stanley My lawyer has asked me a lumpsum and its 50% now and 50% after completion of cases. He is not money minded though he has charged me a very fat amount. I have all details of my husband PAN card payslip and all and my husband has mine. My lawyer wants to settle this issue peacefully...he feels that my husband will be all right with councelling only...he wants to keep him engaged so that he comes for the councelling. Till he feels the heat...he wont understand the value of time.

@Author

What was the actual problem with you and your husband. Why he is so rigid to take you back?
Please give the thread that has details. You seem to be a sensible woman, whats the trouble in taking you back?

Behind a façade (internet) let us not ask too personal details of any queriest here and sit on making judgments it is not done thing unless both know candidly each other.
Reasoning:
Males are social animals whereas woman are social bubbles.

@ stalker sending you in PM. if you can undertand my problem then let me also understand it.

@ Charu,

I read all your posts from day one, sometimes marriage turns into a mirage and one might not move  towards the mirage as one never meet that in end, it lies always farthest. Of course Miracles do happen, if you hope so, let me too hope for you that miracles happen in your mirage chase.