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maxx (pvt service)     15 May 2013

Wife qualified, refusing to work , sitting idle, filed 125

 

dear friends,

pls guide me, after wife left home, she filed a Restitution of congugal rights case on me, and after that she filed for CRPC 125 and HMA 24

she is bcom, mcom and doing mba, i am only bcom she has past experinence of working before marriage, but i dont have proof.

she is stubborn, doesnt want to work, among my other complaints to the woman police station, she told the police that the husband says that he doenst like me, as he always wanted to marry a woman who was working...

can i use this statement in the court, but the statement is coupled with other accusations too, which my lawyers says will not be good for me.

my lawyer says that since currently she is not working you will have to pay interim maintaince, but suppose, even if i start paying, but she refuses to work in the future too, and remains a parasite on my payment, then will i have to pay in eternity.??



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 7 Replies


(Guest)
Originally posted by : maxx

 

dear friends,

pls guide me, after wife left home, she filed a Restitution of congugal rights case on me, and after that she filed for CRPC 125 and HMA 24

she is bcom, mcom and doing mba, i am only bcom she has past experinence of working before marriage, but i dont have proof.

she is stubborn, doesnt want to work, among my other complaints to the woman police station, she told the police that the husband says that he doenst like me, as he always wanted to marry a woman who was working...

can i use this statement in the court, but the statement is coupled with other accusations too, which my lawyers says will not be good for me.

my lawyer says that since currently she is not working you will have to pay interim maintaince, but suppose, even if i start paying, but she refuses to work in the future too, and remains a parasite on my payment, then will i have to pay in eternity.??

Lot of citations there as to:  Well qualified wife is not entitled to maintenance, search around this forum.


ALong with that, prove to the court that she is well educated, and as working.


Lazy bums cannot ask for alimony.


You are Bcom, be calm :-))

1 Like

Ranee....... (NA)     15 May 2013

there is another judgement which says 'HUSBAND CAN NOT COMPELL WIFE TO WORK'.
1 Like

Ranee....... (NA)     15 May 2013

there is another judgement which says 'HUSBAND CAN NOT COMPELL WIFE TO WORK'.

Ranee....... (NA)     15 May 2013

there is another judgement which says 'HUSBAND CAN NOT COMPELL WIFE TO WORK'.

maxx (pvt service)     15 May 2013

@helping hand....but my lawyer says that prima facie i dont know if she is working or not, since i am not able to prove that she is working right now, i will have to start paying the interim maintainence.

@Ranee......husband is not compelling, but she is stubborn and wishes to live like a parasite, husband has difficulty making ends meet, even after taking her higher qualification into account, the court will say that i have to pay? just because she has self paralyzed herself??


(Guest)
Originally posted by : maxx


@helping hand....but my lawyer says that prima facie i dont know if she is working or not, since i am not able to prove that she is working right now, i will have to start paying the interim maintainence.

The burden of providing proof lies on you, 


1.  If she tells you are the Maharaja of Jaipur and that you are having a billion dollars in your bank account, its up to you to provide details to the court like IT returns, salary certificate, that you are actually working as a security gaurd at Taj Mahal Hotel Mumbai.


2.  If she tells that she is a illiterate village bum, who can only count to ten if she is wearing chappals and not shoes.  Then it is up to you to provide details like her Masters degree certificate, her employer's details, her salary certificate of course attested by the employer previous/present.

Here if she is working presently, or was working previously, you can ask the court for call of records from such company/organization.  You can also ask the court to issue summons her employer.


husband is not compelling,

 

Compelling or not, it does not matter.  This is just an interim relief.  

but she is stubborn and wishes to live like a parasite, husband has difficulty making ends meet, even after taking her higher qualification into account, the court will say that i have to pay? just because she has self paralyzed herself??

As I have told you, its upon you to prove that your wife was working and is capable of working.  There are citations from Honorable Supreme Court of India regarding a well qualified woman need not be given maintenance.


BTW, this is just a interim relief.  You will have to submit your objections to the Interim Maintenance application immediately, stating all of the above facts.  The court cannot overlook the evidences provided by you regarding yourself [your income] and her working capabilities.  Even if the court overlooks, need not worry, you can always go to the High Court for reducing/setting aside of such orders of interim alimony.

Even there if you go to HC, they will look whether you have filed objections or not, ie with factual evidences provided, if you have not filed objections, or not provided evidences, they will dismiss your application stating that you have failed to raise objections in the lower court.


Now my suggestion:


Instead of running pillar to post in reducing alimony etc ie moving HC etc, remember this is just IA, interim alimony, which has to be fixed every year, on application by your lovely wife and the same cat and mouse game will continue, you can ask your lawyer to speed up the case, bring it for evidence stage, cross, arguments and finally judgment.


Remember, you have gone to the court for getting divorce and not for keep on paying interim alimony for years together.  Ask your lawyer to speed up the case.

shriks........... (healyhcare)     17 May 2013

sec 125(4) read,


1.tell ready to co habitate but its dessertion by wife and not by you
2. you might get exempted from interim , i faced same situ , now my case at cross exam stage

3. but only if you sure wife in no mood of comming back and only wants money, mine was same ,

i gave WS saying ready for co hab at an old village as my ancestral house and cant afford metro lifestyle, let the ball be in her court........

then see what happens..........no one will tie you both together , but at least her intentions for filing cases would be clarified........

that might suffice till case proceeds.....


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