Cruelty By Wife, Constructive Desertion and Maintanence

She has right to claim the maintenance if you filed the case on any grounds.

A Woman can  claim maintenance u/s 125 of Cr.P.C.  There is no limit for maintenance amount. Normally one third of the salary may be awarded in maximum.  in giving maintenance the factors normal shelter, food,clothes  etc considered.  the refusal of maintenance can only given on the ground of continuously living in adultary.  As a husband  you have to give maintenance to you wife till she remarries 

@ Author

There are two ways to answer your query;

Prudent way -

1. When you are able to lay hands upon and read different Suits of respective wife’s on S. 498a IPC / DV Act, S. 125 CrPC their opening line is always “right from day one… blah blah.......”


2. Now either your que. is from a wife’s side using male ID name or you as a male is using the same method to file family law suit(s) against a wife is what preassumes form above para 1 in whicever case scenarios it is gr8 to hear that some husbands have started using the same tactics of wife's as she files such a complain(s) suit (s) :-)


3. Further in whichever assumptions way one takes it my opinion is that your Divorce Suit on ‘cruelty’ grounds will crash as bringing evidence only one day  is going to be divine lawyer(s) job and I doubt we the lawyers community here are so divine (means direct descendents of some God) to recreate matrimonial cruelty infrence evidence where the couple have spent only one day together !


However above eye opener besides the point, now read the

General way (means interpretation) -

1. I open my second answer by first subscribing to answers of above two lawyers. Yes she is bound to get maint. irrespective under which Section she files a maint. suit and story of constructive and otherwise grounds are not relevant at interim maint stage.


2.  If pan India thumb rule applied to income of husband as stated facts then easily anywhere around 10 K to 15 K is drainage during interim maint. stage times no. of adjournment (objective / subjective) the stated maint Suit may end up with till evidence stage (as you say constructive desertion and blah blah) comes.


Now a bottom line advise:

1. Bring her back.  
Reasoning being with only one day  in company of each other nothing adverse transforms between a couple objectively and is simply a case of misunderstanding of one party over other party so to assume.


2. Send regulalrly money for her upkeep to her reason being once a wife crosses shared household / matrimonial home’s main doors doormat she has already legally raised “a demand’ and when a wife raises such objective and or proved subjective ‘a demand’ a husband can’t escape from his ‘duties’ is bottom line core advise and time being let us omitt Manu's / Mynes / late Dr. Paras Deewan and Lord Dennings and now Lordships views blah blah..........


3. End of all reasoning on your post is that; I feel that you have done some homework here before using legal wordings in your very first briefs such as usage of ‘constructive” “desertion” clubbed with case law and I quote you “a deserted wife is not entitled for maint.” blah blah……….well dear author this case law is applicable at the end of evidences and cross examination stage when adversial Order pops against a divine husband and till that time no lower Court is going to hear it out unless you are a tough husband (nut) to crack no matter what comes you will not obey any maint. (interim) order till she proves her grounds to leave separately from her husband kar key ?


So to end all these so called gyan series tell us where all these leads you to as Husband means are you a nut or nuts herein to create history when you two stayed only for one day ?

https://www.expressindia.com/news/fullstory.php?newsid=80791

https://www.hindustantimes.com/No-allowance-if-wife-walks-out/Article1-477530.aspx

Check above judgements if wife can't prove valid reasons for desertion, many judgements you can find where if husband willing to take back and wife refuses without valid reason courts rejected maintenance.

Dear TajobsIndia Sir

When you are trying for survival, obviously you will come to know lot of things. Same case applies to me also. With in one day family life, if a wife threatens you with False Cases on your family thru SMS messages which is jeopardy to the entire family, then i started going thru all these. It's not Divine lawyer's job to protect your family, its your job to protect them no matter who ever it is, even though Law is biased.

What if she comes to my home and cuts herself and file a false case on my family. No one can save me or my family, only i have to face all the consequences.

I have every right to live in a peaceful environment, that's my fundamental right. If law is against it then its against the fundamental right also.

Regarding Maintenance:

SC clearly said: No maintenance for Live-In relations Who meets for s*x in week ends or for a single day.

When a marriage is only for money and a wife misuses law for extortion within one day family life, Dont we have any otherways to fight against it.

If this is the case, i will adopt a girl and get her married to a rich guy, after the marriage cermony, i will use the same tacktic to become rich.

No one should misuse law.


 

I have certain suggestions to preserve families and to save them:

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

 Domestice voilance complaint/fir should not be entertained after 24 hours of alleged act of voilence.