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Rahul   17 May 2017

Handicap & unemployed husband needs to pay rs. 9000 interim

Handicap & Unemployed husband needs to pay Rs. 9000 Interim Maintenance? How?

 

Husbands Background:-

  1. Was working in England for 5 years until he lost his job because of a car accident.
  2. Husband partially handicap, and the UK work/job profile doesn’t suit Indian standards, so that’s another reason he cant get a job in India, apart from being handicap.
  3. Husbands mother is taking care of most of the expenses/medication.

 

Wife’s Background:-

  1. Highly qualified with a Ph.D. Degree, and works as a Class-I officer and draws a salary of Rs. 78,000  (Per-Month) + Rs. 47,000 rental income from her own flat in South Mumbai.
  2. She is asking for Rs. 45,000 maintenance based on husbands UK income, which was denied, as husband is in India,---- handicap and unemployed.

 

Interim Maintenance for Daughter:-

  1. She is 5 years old.
  2. Wife is not ready for co-parenting or visitation rights, just asking for maintenance money.
  3. Ever since she returned from UK when our daughter was 2 years old, she never allowed husband or his side of the family, to see her for last 3 years.

 

QUESTION:-

  1. Judge decided that the handicap & unemployed husband should pay Rs. 9000 as interim maintenance, even when the opponent couldn’t produce any proof of husband’s income (as there is none). Is this just a guess work on Judges behalf?
  2.  What can I do to challenge it? Go to High Court?
  3. Its been almost 2 years that the case is running, so will I have to first pay Rs. 9000 X 24 = Rs. 216000 before I could open a case in HC?

PLEASE HELP. (I have a good lawyer representing me, but still I have heard many cases where judges are lenient towards children and especially WOMEN, under the name of WOMEN’S EMPOWERMENT, but this is illogical & legal extortion)



 19 Replies

Mukesh sharma (job )     17 May 2017

Hello If wife earning good money and Husband not working than she could  not eligble for maintaience monthly 

if court pass for same order than you first submit for all documet of wife income and show about husband not working nd Handicaped so not eligbel to pay this huge amount of money 

other you can appeal in high court for same with all proof on in income 

 

Rahul   18 May 2017

Mrs. Romy Patel,

No wonder, some people dont have sympathy towards handicap people. And speaking of FREE ADVICE, then isnt what this forum is all about? Getting advice from the EXPERTS? ............... speaking of which, I doubt that you have to do anything with being an EXPERT, otherwise you would have come up with a reasonable ANSWER/REPLY/SOLUTION.

If you have nothing SENSIBLE to say, please dont misuse this forum, which has its existence for helping out people in need. (Which I doubt that you would understand, at the first place !!!)

If you are against giving FREE ADVICE, then I dont want your FREE ACQUISATIONS/COMMENTS as well !!! 

You sound like a sad person who is not doing well in her career !!! (Thats not my fault dear !!!). And please keep your frustrations with yourself, and dont waste peoples time who have come seeking options to their issues.

So please do desist from responding if you have even a little compassion for "Differently abled"/ Handicap people. 

Rahul.

P.S. In short: "Others reading this blog, would not resist from calling you a SHAMELESS person", wasting theirs and my time.

 

Born Fighter (xxx)     18 May 2017

Did you  submit documental evidence  to the court about her income ????? 

If u did submit the evidences and still court has granted 9000kpm then this amount will be for the daughter alone,,,,,, pls clarify if wife is given any maintenance seperately.

 

Im sorry but even if ur handicap you will have to maintain ur child...that responsibility cant be shrugged off.

 

Rahul   19 May 2017

Dear Born Fighter,

Thank you for your reply. Here are the additional updates:-

(1) Maintenance for Daughter = Rs. 9000

(2) Maintenance for wife = DENIED !!!

Wife's details = Earns Rs. 78,000 / Month + Rental income of Rs. 47,000 from her South Mumbai flat (which is worth 4.2 Carores)

QUESTION: If interim maintenance is Rs. 9000, then will the maintenance amount during final judgement will be double of it? Like Rs. 18,000?

Thanks again. Rahul.

Born Fighter (xxx)     19 May 2017

Maintenance for daughter should be reasonable based on her needs, its not meant to spoil the kid by giving extra cash (which automatically goes to the greedy wife and courts do that unfortunately)

you should ask court to split the maintenance between both spouses in ratio of their income. Maintenance is co-extensive and this is a supreme court judgement.....press for it.

Ask wife to submit details of expenses for daughter and then split this amount between both of you.

Read my reply in some other thread where i have given detail explanation on calculating the reasonable needs of child.... dont get emotional in accepting to pay 100% maintenance for child....

wife filed for divorce or you ??? r u looking for custody of child ??

Born Fighter (xxx)     19 May 2017

read my reply https://www.lawyersclubindia.com/forum/Enhancement-of-maintenance-to-girl-child-149787.asp

Read more at: https://www.lawyersclubindia.com/forum/Increase-in-interim-maintanence-147938.asp


(Guest)

No separate rules for maintenance to handicaps.  Once you produce childern you need to maintain them, wife is equally responsible for expenses of child.

If you dont have money you can beg borrow or steal and pay wife and kid.

man bicycle brick load

Law has both options.  Fight cases till you die or take mutual divorce.  Which one is suitable you think and select.

By your above reply one can make out you are mentally handicapped, people like you should not marry and spoil womens life.  Now you spoiled kids life also.  Shame on you.  Once you get kid you should adjsut with wife somehow, all do like that only.  How are you special? you are mental case, nothing else.  Mend your ways and take b ack wwife and kid.

1 Like

Rahul   19 May 2017

IMPORTANT: During mediation, I even asked my wife that she can hand over the daughter to me and my mother is willing to take care of her grand-child, just like what she is talking care of me, and we will not ask for a single penny from my wife. But she refused, blatently !!!

------------------------------------------------------------------------------------------------------------------------

 

Mr. Rao,

I find it very funny that some people find it so easy to make judgements without knowing the whole background. So here you go Mr. Rao:-

(1) Wife left the husband because he got into an accident, and she felt it as a burden to take care of a handicap husband, but she is demanding Rs. 40,000 alimony for herself, apart from her 1.5 lack monthly income. 

ANALYSIS: But according to you, she is perfectly normal with a SANE MIND (Just like you).

(2) After marriage I found out that she got married forcibly by her parents, against her will, as she had a non-hindu boy- friend, and she left her handicap husband to get back with him in India, but when her BF found out that she is already pregnant with my child, even he ditched her.

ANALYSIS: Again this is the outcome what SANE people get, which no wonder, perfectly suits your ideology. RIGHT?

SUMMARY: I never said no to child maintenance, and I have been paying a reasonable amount monthly, but Rs. 9000, is way too high, even for a child who has not even started her regular schooling, for crying out loud !!!

NOTE: It was unfortunate that I lost my job and had an accident after she was pregnant, or else I wouldnt have had a child. I even suggested to her for "abortion", but then she thought that: "Now after all her Boy-friend fiasco/episode, who also left her high and dry, she should continue with the pregnancy, because after having a child, I may accept her back, but things went sour afterwards.

 

Rahul   19 May 2017

Dear Born Fighter,

Thank you for all your help, from the bottom of my heart. I have seen in many posts, that you are to the point, extreamly helpful, and you avoid being JUDGEMENTAL , like few people on this forum tend to do.

God bless you.

Rahul.


(Guest)
Originally posted by : Rahul
IMPORTANT: During mediation, I even asked my wife that she can hand over the daughter to me and my mother is willing to take care of her grand-child, just like what she is talking care of me, and we will not ask for a single penny from my wife. But she refused, blatently !!!

------------------------------------------------------------------------------------------------------------------------

 

Mr. Rao,

I find it very funny that some people find it so easy to make judgements without knowing the whole background. So here you go Mr. Rao:-

(1) Wife left the husband because he got into an accident, and she felt it as a burden to take care of a handicap husband, but she is demanding Rs. 40,000 alimony for herself, apart from her 1.5 lack monthly income. 

ANALYSIS: But according to you, she is perfectly normal with a SANE MIND (Just like you).

(2) After marriage I found out that she got married forcibly by her parents, against her will, as she had a non-hindu boy- friend, and she left her handicap husband to get back with him in India, but when her BF found out that she is already pregnant with my child, even he ditched her.

ANALYSIS: Again this is the outcome what SANE people get, which no wonder, perfectly suits your ideology. RIGHT?

SUMMARY: I never said no to child maintenance, and I have been paying a reasonable amount monthly, but Rs. 9000, is way too high, even for a child who has not even started her regular schooling, for crying out loud !!!

NOTE: It was unfortunate that I lost my job and had an accident after she was pregnant, or else I wouldnt have had a child. I even suggested to her for "abortion", but then she thought that: "Now after all her Boy-friend fiasco/episode, who also left her high and dry, she should continue with the pregnancy, because after having a child, I may accept her back, but things went sour afterwards.

 

Was marriage really necessary?  That either of you would not have thought.  Simply because of some external reason you get married, this is what will happen.

 

Parents don’t want your choice they marry off to someone else.  You don’t like her past, you see her as sh*t or substandard, that will not develop healthy relationship between you and your wife.

 

Remember you were not her man of the dreams, you are a substitute which her parents found for her.  Knowing her past of not knowing her past and later on knowing her past you marry her, you actually condoned her past activities.

 

When a woman is like this, irresponsible, falls in love with someone, cant stand for him, marries you for sake of pressure from her parents, what good wife will she be?

 

Many are, and have proved themselves.

 

Some nut cases like you and your wife don’t.

 

Marriage and family is beyond your understanding and also your wife.   You want child, as if taking care of you for 20 – 30 years is not enough for your mom, you want her to do maid work for your child which was born out of mistake? And she is ready?  You want your wife to be ready to handover kid to you?  Shame on people like you.  Anyway all this someone or the other might have already told you, if you have caring elders in your family.

 

Matter is already in court.  Now no use talking about anything.

 

Only two things left as I already explained.  Take mutual divorce or fight cases.  Or take her and kid back.  Indian court wont let you get away without paying alimony, till you are alive court will be behind you, warrant, NBW will become order of the day soon.

 

Who cares who is right or wrong.  The inception of the entire thing itself is wrong.  How can anything go right with people like you and your wife?  It is sad that because of nut cases like you, who simply don’t know value of life, children have to suffer life long.

 

You can continue to use the forum as your personal blog, talk about women, injustice, corrupt system which favours women etc etc. ha ha ha .

1 Like

Anjuru Chandra Sekhar (Advocate )     20 May 2017

If husband has no source of income and wife is earning, husband can claim maintenance under Hindu Marriage Act. Did your Advocate tell about this to you?. Not only wife from husband, a husband too can claim maintenance from wife.

1 Like

Born Fighter (xxx)     21 May 2017

Thanks Rahul

Joy Moulik   05 March 2018

Dear Mr Rao , I have my doubt that you are of sane mind . You are asking an unemployed and handicapped husband to beg , borrow or steal and pay his wife who is earning one and a half lakhs rupees per month ! Are you a lawyer of the husband's wife that you are saying such insane , immoral and illegal words ? Please read the law before commenting in this forum . The judges have their discretion in awarding interim or permanent alimony only after going through the evidences of both the parties - the petitioner as well as the respondent .

Joy Moulik   05 March 2018

Dear Mr Rao , I have my doubt that you are of sane mind . You are asking an unemployed and handicapped husband to beg , borrow or steal and pay his wife who is earning one and a half lakhs rupees per month ! Are you a lawyer of the husband's wife that you are saying such insane , immoral and illegal words ? Please read the law before commenting in this forum . The judges have their discretion in awarding interim or permanent alimony only after going through the evidences of both the parties - the petitioner as well as the respondent .

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