Interim mainatance

do you have any child and your wife is working or not.

Respected Lawyers,

We married on 13^th December, 2013 under Special Marriage Act.  Neither I nor my parents demand any dowry from my wife’s family.  Rather I bought some furniture and fittings and some golden ornaments with my hard-earned money and spent some money for my marriage occasion withdrawing from my provident fund. I am a Gazetted officer of West Bengal Government and drawing salary gross salary of Rs. 63,000/- per month.   On 14^th December, 2015 my wife carried a bag in which a number of medicines were there – Dysmen, Eklot,  Rantac -150, Eltroxyn -50, Norflox-400mg, Metrogyl-400, Derifylin, Decadon, Asthalyn-4, Dyoflux, spirit, cot, syringe, Astrogym etc. etc. and stepped her feet into our House. I, myself am unable to understand why wife has brought this full bag of medicines from the very beginning. On 16^th December, 2013, she was affected with cold and fever including respiratory trouble. I am very unfortunate that she refused to take any advice from our family physician on that date. She started tussling with me and speaking to her mother complaining against me that she is being tortured mentally instead of having taken advice from our house physician. During this period she uses to always take medicines from her bag which she carried. She lived with me only for two months. On 18^th December, 2014 she was affected intestinal disorder including respiratory trouble. I visited with her to our family physician but her cousin’s brothers prevent from doing her medical treatment in many ways. When asked about it she uses to avoid going into details and complains against me and my ailing parents and unmarried and under-education-aged sister. She blames us all this things which she does not consume. Even she talked to her mother with high pitched voice and complained against my parents, me and my sister and cautioned me saying if I telephone her mother in future, she would not tolerate and threatened me with dire consequences for which I shall be liable.  My in laws and cousin’s brothers of my wife (as they are Ayurvedic, Homoeopathy and MBBS doctors) use to cunningly avoid this topic and make statement saying that they are treating my wife for the last 30 years. She has a problem of senseless when she cries loudly with me. After January, 2014 I found that she has a problem of irregular menstrual including pain, vomiting and constipation, fever and cold. During March, 2014 after marriage of just two months she had heavy irregular menstrual cycle including severe pain in the lower abdomen which lasted for 14 days. As a husband I tried to give her treatment but she refused to take it from me and took advices from her cousin’s brothers. When I and my parents started questioning her and her mother and her near relatives about this, she left my house with her relatives immediately on 26^th March, 2014 taking all golden ornaments and stridhan which she was gifted at the time of her marriage. However, I wrote a letter addressed to Officer in charge Chandernagore Police Station about this fact. Then I took legal help from a lawyer, continued to communicate with my wife, in laws and her relatives through cell phone and sending SMS. Even I visited my in laws’ home to see my wife. In the month of May, my wife felt acute pain in the left abdomen including DUB. This news came to me. As a husband I did all sort of investigations until I made a shocking discovery of her very high values are found in Ovarian Carcinoma (Nonmucinous) and in adenocarcinoma of endometrium/cervix/fallopian tube, malignancies of G.I. tract, NGL and in various benign gynecological diseases such as ovarian cysts, ovarian metaplasia, endometriosis, uterine myoma or cervicitis. I have around 15 reports with me which clearly states that she has the ailment of Uterus and in bilateral Adnexae (evidence of thick wall complex cystic SOL is noted and of cyst wall and septal enhancement in these lesions. Ovaries are not separately visualized. She has also TSH and Asthma. Report from Nightingale Hospital for whole abdomen CT scan suggests that CECT of whole abdomen feature suggestive of –Complex tuboovarian SOL in bilateral adnexae - ? Infective inflammatory? Neoplastic aetiology Clinicopathological correlation/TVS/Pelvic MRI suggested. But her cousins’s brother prevent me from examining her health though she is entitled to get the benefit of West Bengal Health Scheme 2008 as she is a card holder of WBHS benefit as she is my wife. At last I have admitted her in a private nursing home in Calcutta under WBHS-2008 but alas her cousin’s brother had all her reports in their hands.  Her and her mother and cousin’s brothers are not accepting the fact that she has this ailment from her adult. I have taken opinion of 2 specialists, who say that a major operation will be made and maybe she will not bear a child. I have become a victim of a well planned cheating and deceiving. At last, she and her near relatives  came to my house in presence of me on 6^th September, 2014 and left our house with her left articles i.e. all medical papers, all medicines, valuable cosmetics and wardrobes etc. and filed a case under Section 125 Cr. P.C. before ACJM of Barasat District Court, North 24 Parganas on 25^th November, 2014.  On 3^rd March, 2015 Hon’ble ACJM has given interim order of Rs. 5,000 per month to pay on the date of application as my advocate has cheated me not putting written objections and documents at the time. At this critical moment, my father is severely ill and the rest of my family members are spending sleepless night. I am at a loss what to do and how to do. Can I get a divorce on this ground?   

your wife is working?

No, at the time of marriage, an advertisement was published in the news paper that she is MA in Bengali from Rabindra Bharati Umiversity. Since 26th March, 2014 she is staying to her paternal house for her own will.

• Have you admitted your incomes in your WS???

• Did your wife provide any supporting evidences of your income (salary & other income)

• If not, challenge the order in the High Court and take a stay against the order.

• My friend, take the help of a learned council. No matter how excellent you are in convincing and presenting, Judges will pay least importance to you as a litigant.

Thank you Experts for ur valuable suggestions. I have two childs. One girl child is with my wife. She is studding in 5th standard and one boy studying in 6 th standard and residing with me. My wife could not provide any supporting documents to the court to prove my income. Wife is not working anywhere. I am drawing a salary rs 10000/-, but court ordered interim maintainace of  rs 12000/- to wife.  How I can give, this is not possible. Pl guide me what to do?

Thanks in advance

how come court will order you to pay more than what you are earning may be there is some error int he order or the documents which you have submitted are not clearly mentioned your salary

Dear Surinder

As per law 1/3 of salary/income passed by court as maintenance in cases.

correct PM maintenance amount is Rs. 3500/- . It may alter if have any child.