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Aziz (Asst. Manager)     05 October 2013

Court decision for the maintenance from unemployed husband

I am Muslim got married in 04/2010.From 06/2010 till 12/2010 being UAE for employment job assignment. With god bless had a girl Child on 01/2012...from 10/2011 till dated my wife is not coming back to matrimonial house ..whenever I call she refused to come even my in-law agreed with her decision( I had SMS and phone communication that she say NO to came back}

From 04/2012 till now 3 time family meeting (Jamaat) seated NO effective Result come. than she move to family counseling where we (Me and wife) agreed to live separately  from my parents house. For which I had redeemed my all saving and investment for buying a rental house after showing 7 house she DENY to come there. on sept,2012 I was told by management to left the job being not focus on work.

On 4/13 she filled (fake allegation)  498A,323,304,304 and 32 on me, my mother, my y.brother, elder sister and (elder sister) husband. than 06/2013 she filled DV case.

My question is 

1)now there is 5 hearing for DV  will Court decision for the maintenance of wife from her Unemployed husband is MEDENTRY. If i unable to pay court will send me behind the bars.?

2) I had her SMS and phone communication will court will consider ? As her mind seat for her husband and his family.

Your help can save my family.....



Learning

 8 Replies

Adv. Chandrasekhar (Advocate)     05 October 2013

she will get interim maintenance order.  if it is not complied by you after her filing execution petition, at first instance your property can be attached for the realization of the amount and if failing so,  the court may send you to jail.  try to find out the true reason for differences between both of you and put efforts to amicably settle them.  The real reason for differences cannot be ascertained by going through your post.

Aziz (Asst. Manager)     05 October 2013

Thanks Experts,

I am belong to middle class family.after death of father Our house (in slums area) own by my mother....And I don't owned any property.

even through I am ready to keep her court will send me to jail (being unemployment)..

Or 

can court give me time for getting honorable job so I can pay her interim maintenance( ever she is not coming with me)

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

I would like to interfere with Adv Chandrasekar's opinion that if at all Aziz convincingly satisfies the court that he is ready to take her back into the matrimonial fold and it is she who does not want to go back to live with him for the reasons known only to her, further it is she who wilfully deserted or voluntarily disassociated herself from his company without any valid reason, her claim for interim maintenance will be rejected/dismissed, further more Aziz is not having any source of income nor any immovable property over which she can lay her claim.  Thus, please engage a prudent lawyer to fight your genuine cause.


(Guest)

Agree with Kalaiselvan.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 October 2013

agree with expert Mr. Kalaiselvan

stanley (Freedom)     07 October 2013

I agree with the opinion of Mr . Kalaiselvan and disagree to our women sensitive sympathetic  friend  Mr. Chandu . 

Maintenancevictim (Own)     18 July 2016

Mr Kalaiselvan

Respectfully like to state that it depends from Judge to Judge. In my case, RCR and CrPC125 were tried together and FC Judge awarded me RCR since he found no proof of allegations against me , but awarded CrPC 125 to wife saying that i am duty bound to maintain her. Maybe this was because we had a minor son and she was always a housewife despite being a graduate. In CrPC125 judgement judge mentioned that " respondent  willing to maintain but not willing to pay maintenance" - and still awarded CrPC 125. I have now appealed against this decision in HC and have been asked to pay 50% of maintenace amount as interim.

 

Bottomline - if judge decides to ignore your grounds ,theres nothing much we can do unless we appeal against it

Dipen   19 July 2016

She is not entitled to get any monetary relief or maintenance as she has deserted matrimonial home without substantial reason. She is also not ready to cohabit with you. As per CrPC 125 sub section 4, she is elligible to get any maintenance.


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