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Amita   11 July 2017

Crpc 125 interim maintenance pending...new evidence surfaced

This question is re: Interim Maintenance under Sec. 125, CrPC.

Wife left with a child from Pune to Surat and lives in Surat on her own (she is originally from Navsari). Filed 125 and 498-A from Surat so that the husband is now making trips to Surat.

The interim is still pending, and wife has recently purchased a flat worth 87 lakhs in Surat. Upon bringing the Court's attention to this, she accepted it but has stated that it was bought in her name but the money was gifted by her parents.

Question : Is such defence even allowed ? How can she claim herself "unable to maintain herself" while buying this expensive estate during the maintenace petition ?

What should our (husband's) arguments be to get her interim rejected ? She said she's not working anywhere. Oh, and btw, she's highly qualified (Masters) and used to work till 2015 (38,000 pm).

Thanks

 

 

 



Learning

 5 Replies

Azhagananth (Lawyer)     11 July 2017

Summon her parents and ask them to produce the source of such Rs.87 lakhs amount, to gift their doctor.. along with Income tax Returns..

Manjunath kakkalameli   12 July 2017

there are some citations on "if wife can maintain herself, maintenance rejected" cite that citation to the court.

Amita   12 July 2017

Thanks. Any thoughts from Advocates, please ? 

The judge says submit your arguments by Monday or that he'll pass an order.

 

 

Born Fighter (xxx)     12 July 2017

produce details of her qualifications and past employment details to court. Specifically her income statement of Rs.38,000/-. Your wife is well qualified and has her own accomodation also....which goes to prove she can manage her own expenses. 

 

You should have a strong lawyer by your side who can argue on ur behalf. There are HC/SC judgements where maintenance is denied to well educated / earning wife.

Its likely that court would order her some maintenance as she is currently not working, u inform court that u wife is deliberately sitting idle wheras she can get a job easily. Ask your wife to produce evidence of what efforts she has made from time of seperation to get a job.

You also present ur financials properly showing all expenses incurred on self and parents (if they are dependent).

In worst case show willingness to pay maintenance to lazy wife for 6 months and ask court to order the wife to start searching for a Job. The day she gets job yu stop paying her maintenance. Drive that lazy lady to start earning.....NO Free Lunches here !!!

Azhagananth (Lawyer)     12 July 2017

List of Judgements in which maintenance denied to deserting wife

1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC).

2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553.

3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.

4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008.

5. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.

6. Children have to maintain their parents. (High Court Gujrat), Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors.

7. Conditions when maintenance to be paid. (High Court Delhi), Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115.

8. All states amends in Sec 125 CrPC is invalid. (SC), Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520.

9. Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband. (High Court Karnataka), Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158.

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10. Maintenance on actual earning. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505.

11. Maintenance denied for working wife. (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760.

12. No maintenance for capable and working wife. (High Court Maharastra), Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170.

13. No maintenance to earning wife, only to children. (High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev.

14. No Maintenance to working wife in 125 CrPC. (High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002.

15. No Maintenance to wife, but only to child. (HC Mumbai), Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374.

16. No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.

17. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, 1976 Crl.L.J 1664


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