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jitendraku (CA)     25 July 2015

Cross to wife

Hi,

I filed RCR petition against my wife u/s 9 HMA. Interim maintenance was awarded to her u/s 24 HMA with all false allegations in her pleadings (including her desire to live with husband in matrimonial home!!!!!!). This is because she wants to show that she is kind with husband.

The next hearing is due in September.

 

The Court utterly ignored my pleading that I am ready to maintain her at matrimonial home and awarded her interim maintenance.

 

She is deliberately living at parent's house and my attempts to being her back have failed.

Can I ask my wife in the Court why she needs maintenance when I'm ready to maintain at her matrimonial home (backed by her own statements that she wants to live with husband)?

 

Am I allowed to ask wife this question in Court?

 

 

 

 

 

 

 

 



Learning

 5 Replies

md riyaz   25 July 2015

1st let me know r u still loving ur wife?r u ready to liv with her?then tel about ur view.then i guide u.dnt worry. By psychologist & lawer riyaz. 8428119101

md riyaz   25 July 2015

1st let me know r u still loving ur wife?r u ready to liv with her?then tel about ur view.then i guide u.dnt worry. By psychologist & lawer riyaz. 8428119101

(Guest)

With people like you and the great Indian legal system obviously people like your wife will get maintenance easily.

 

 

Now it shows judge does have brain which works only for women.

 

So you first give complaint to Distirct judge.  As you are ready to take her back, judge should have asked wife to go and join you in her matrimonial home, instead of awarding interim alimony.

 

But here IA holds good only for period of 1 year from date of application and not permanent, so each year she has to give new application to get maintenance.

 

The said IA can be challenged in HC, but make sure that you file complaint against this judge with district judge that he is biased.

 

Other thing is, you can also ask the judge to reconsider your plea to cancel such IA to the same judge, as family court itself has power to take back and adjust its own order.

 

And you can talk to your wife in court hall also, here judge is the third party between you two, so bindaas baat karo.

Kapil Chandna (Lawyer at Supreme Court of India)     25 July 2015

Sir,

 

You can say in the court that you are ready to take her back and she can go along with you from the court itself, yes you can say to the court that in the ignorance of law and facts the order has been passed and the same be set aside.

 

Warm Regards

Kapil Chandna Advocate

09899011450

SAINATH DEVALLA (LEGAL CONSULTANT)     25 July 2015

I go with the view of Kapil


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