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Harassed_Wife (Eng)     08 November 2014

How to claim interim maintainence for working wife.

Hi All,

I am a working girl seeking seperation from husband due to the many tortures inflicted by him during the very short time that we lived together.

I am a working girl, and the husband is also employed in an MNC earning 15 lacs + .

Kindly suggest how may i claim for interim maintainance from him keeping in view the below points:

1. His salary = 15 lacs above. My salary has not even reached 5 lacs. Hence the vast difference in our income.

2. I being only child, my parents are dependant on me and both are senior citizens, hence they are no longer working i.e. no source of income for them except me. Husband also supports parents but he has a brother too. And neither of his parents are senior citizens.

3. I have read that the wife is entitled to the same living standards as the husband, also ther is such a vast difference in income, with i having to sustain mysenf and parents.

4. Since my parenst spent all savings on marriage, they do not have any means left to sustain themselves too.

5. how can a cheat wipe away all the savings on my parents and then let free of any monetary responsibility towards me?

 

please also do provide references of any such judgements where interim maintainance or pendante lite has been provided to a working woman.

 

Thanks



Learning

 27 Replies

RK YADAV advocate,09899944433 (advocate)     08 November 2014

You can file divorce and also interim maintainance in family court in your area.

Harassed_Wife (Eng)     08 November 2014

Thanks Mr Yadav.

I have already filed for seperation. it is for the duration of this court proceedings, that i require monetary help.  My income is insufficient to support myself, my parents and the legal expenses for the case.

If the wife is working, is it enough. Doesnt the monetary stature of both parties count?

Harassed_Wife (Eng)     08 November 2014

also, please suggest what documents or previous judgements can i cite to support my claim to this interim maintenance?

satya prakash (Clerk)     08 November 2014

@harassed_wife if u r working then Y r u asking for maintainance?

@rk yadav can u please elaborate how can she claim?


@harassed_wife check below points :

1) Ur parents r not ur husbands responsibility.

2) Legal expenses u can get Govt lawyer opt for it

3) If u r working u shud not ask for maintenance

4) seeing ur query its simply looks like just bcoz husband earning 15L u need more :)

5) Just bcoz husbands parents r not senior citizens they dont need care?

Samir N (General Queries) (Business)     08 November 2014

You have posed an interesting query and believe me the answers will vary, even conflict and yet they may all be correct! Maintenance is a very tricky subject. I have never advised any woman on how to file a maintenance application but here is my first attempt:

  • First, contrary to popular belief, it may be necessary to file maintenance application under multiple Acts as well as Cr.P.C. sections. This way, you can use some of the defenses raised by the husband, against him, in other filings.  Also, there are cons in some provisions but the goal is to leverage the pros. Attack on all fronts. Thats the objective.
  • You have got the core approach correctly: The "standard of living" must be comparable to that of your husband and there are many citations to support that.
  • However, your argument that you need to support your parents or that your parents spent a lot on your marriage, may dilute your core arguments. Maintenance has little (but not nothing) to do with such issues and a good advocate from the husband's side will quickly turn the focus on these issues and have your case weakened.
  • You need to provide facts to support that his standard of living is high.
  • You need to support facts to show how maintenance will help you attain his standard of living.
  • You need to show that you are now accustomed to his standard of living. 
  • The fact that you are working has, contrary to popular belief, nothing to do with maintenance application. It is the difference in your earning and his and the difference in his standard of living and his, that is of relevance.
  • Do not be too carried away by judgments. Let me assure you that there is no judgment that merely because a wife has employment, she has been denied maintenance.
  • Interim relief, generally speaking, means that you get relief if it appears that you have a high probability to get the final relief.  There is nothing magical or different about interim relief as compared to final relief.  You only need to show the urgency and how you cannot afford to wait for the final relief to be granted. 
  • The devil is ultimately in the details: Get your maintenance application(s) properly drafted, written arguments prepared and then get cross-examinations and answers from him to suit your written arguments.  

Harassed_Wife (Eng)     09 November 2014

@ Samir - thanks. I will follow your advice. I have been studying old judgments for a better understanding. Would you be able to share any useful links for same.

Samir N (General Queries) (Business)     09 November 2014

All the judgments I have favor husbands!  Obviously I did not research any judgments that favor women. That said, I did come across many judgments during my litigation time which I was hoping that my ex-wife did not get her hands on. There is no shortage of judgements, including from Supreme Court, on maintenance issues but they can be very misleading.  If you find your husband presenting a judgment that favors him, review it carefully and show that the facts of that judgment are different. That is indeed the case with most judgments on maintenance issues or for that matter on any issue.  That is what good advocates do: They get unfavorable judgments thrown out on the basis of inapplicable facts.  Your application and written arguments need to be very carefully drafted. And I mean very meticulously and with specificity on facts favorable to you.


(Guest)

It appears that you were recently married.  These days marriages dont last even a day and getting married and spending huge amount on marriage function, is purely a gamble.  It would have been wise that your parents would not have spent lots of money on marriage  expenses.


Further, your parents as you have written do not have any money left with them, though its your moral responsibility to look after them in old age, do they should be looking after themsevles.  You cannot make them a reason to claim alimony from your husband.  You can only claim alimony for yourself, only if you are not having a independent source of income. In the absence of any child, for which you may have claimed some maintenance, and that you are a working women, you will be denied any kind of maintenance.  Even if you have plans to leave job and then claim maintenance, the courts wont agree to get you maintenance from your husband, as previously working women is also denied maintenance.


On the other hand, as you are a working woman, your parents can file a 125crpc  or DV 2005 against you to claim maintenance, legally.  Further your mother in law also can file a DV case against you.  Your MIL can also file a civil injunction against you, restraining you to enter to her house.


If you have left your husband on your own will and wish, then too you will not be entertained with alimony.  But, you may claim one time litigation expenses from your husband.


Be advised that if you have any intentions to file false cases of dowry (498a) and DV against your husband and in-laws, you will have to do time behind bars for 7 years, as lying under oath is punishable offence.


I am of the opinion that, it would have been better to adjust with husband who is quite handsomely earning than to find fault with him and find reasons to roam to court halls.  If there is chance for re-unification, please give it a try.  Its easy to breakaway, but it will have many adverse effects on both of you and your respective families.  All the best. 

Adv. Chandrasekhar (Advocate)     09 November 2014

Please find S.C. latest decision on 28.10.2014 titled "Sunita Kuchwaha Vs. Anil Kuchwaha" in which wife being highly qualified and working on and off was provided maintenance despite husband's vehement objections that being highly qualified she should not be entitled to maintenance.  If you find this case suitable to your facts, see to it.  Next, I want to refer only two points.  In the separation petition filed by the wife the wife  seeks judicial separation whereby she does not want to discharge any marital obligations towards her husband and similarly husband shall also be refrained to take any marital right on the body and mind of his spouse.  If that is the case, on the basis of economic disparity and differential life standards, how can wife seek maintenance from the husband?  But, if she is in indigent conditions and bare survival is difficult, such wife can asceertain her right  under Section 24 (even that is feeble argument) or under Section 125 Cr.P.C.(strong ground).  But, in my opinion, a wife earning about Rs.50,000/- cannot ask for interim maintenance on the ground she does have to take care of her ailing old parents, where as husband is free from such encumberances and also his earnings are more higher than the wife.  Yes, if husband has abused her physically, mentally, verbally or economically during their cohabitation, she is entitled compensation as stipulated in law and provided in domestic violence Act and she is free to resort to those provisions to get relief.  I attach the s.c. judgment with the hope that suits your needs.


Attached File : 957957109 sc.doc downloaded: 138 times

UniteFamilies (Social Worker)     10 November 2014

I agree with Helping Hand. I think you are planning on making money in the name of divorce to support your parents. Are your parents interested in money at the cost of your married life? If during counselling your husband denied taking you back then try for mutual consent divorce it will give peace to both families and your parents can think about your future when they are alive. You should keep your  ego on side and send SMS or email to your husband and ask if he is ready to  start a new life together. That is better solution than false cases. 

If you have not mentioned in your  interim maintenance application that you are working and making 5 lacs then you are inviting perjury action too. 

For your reference, please visit following link to get the details of perjury case filed by a husband on respondent wife for hiding her source of income.

 

https://court.mah.nic.in/courtweb/orders/mumfamily/orders/200101020502010_3.pdf

Harassed_Wife (Eng)     10 November 2014

@ Satya / Helping Hand / UniteFamilies -

 

I am thankful for the thoughtfulness but i would suggest that those who do not know the exact details and what i have endured while trying my best to work things out, should really refrain from posting remarks that are not going to help me fight for my rights.

Further more , the referance to my parents' income was given to support the fact that i am not living off my parents' money and that my plight is real. Also, i have not conceled any monetary facts from the court.
And Believe me, a man who refuses to support his wife while staying together and throws her out of the matrimonial home just so his demands be fulfilled, is not worth a 2nd chance.

And thank you for reminding that my parents are not his responsibility. I am sure you might follow the same thinking and will not expect your wives to care for or be burdened by your aging parents. The daughter-in-laws across the country will be happy to know this.

1 Like

Samir N (General Queries) (Business)     10 November 2014

There is a book titled "Law of Maintenance" by Shashi Kiran. It is fairly comprehensive. May not be up to date with respect to judgments but can be a good guide in general. I had downloaded a free copy a long time back. I am not sure if it still available online for free.  I think that anyone interested in legal issues involving maintenance should take the time to read it or some such book.  I am not the author's agent and I think that there are other books too.  I found this book helpful when I was researching this subject for my own litigation.  Since maintenance is the core issue in matrimonial disputes, litigants should take the time to read such books. Time/money spent is well worth it because judgments and topics are arranged by factual circumstances. After all, alimony, property disputes("right to residence"), etc. all arise out of the law of maintenance.  

grishma (h.w.)     11 November 2014

@ samir N [2helpful]
sir,,
frm ur own practical experience of hw to mk fake allegation to beloved wife to get rid of maint., who better knw thn u tht every hubby do the same way u did.
gr8 to knw tht nw u feel and repent fr the misdeed u hd dn with ur wife who love u too much.
pray god ur happy married life is not to b a past.
blessing in disguise, bcoz of ur bitter dispute and repenting, ur true samatrian nature woke up and realise our hardship.


 

UniteFamilies (Social Worker)     12 November 2014

@harrased_wife

 

Suggestion was given to you on the basis of information you provided. With your second comment it has become obvious that you deserted your husband. You don't love him but love his money. With my years of experience with family court I can tell you that in the first order your maintenance will get rejected. If you lie to court then perjury is definitely possible. Recently Judge from Mumbai Mr. Subhash Kafre had passed order.

 

https://www.mumbaimirror.com/mumbai/crime/School-teacher-who-lied-for-maintenance-from-estranged-hubby-faces-3-years-in-jail/articleshow/28408150.cms

From your original post,

1. Husband is well educated and makes good money. You are making money too so money was not a problem.

2.  You being only child may have given more importance to parents than in-laws which could have caused issue.

3. I agree with this point but your husband can send restitution letter and if you do not reply or do not have good reason to return then it means you denied that life style which he wanted to offer you.

4. Your parent's situation you should have informed to your husband during engagement. He could have given 20-25% towards marriage expenses. If your life style today is much better than you project than your husband can file tax evasion petition on you or your parents. 

5. With your next comment that cheat didn't leave you. You deserted him. Please provide actual facts on this forum.

I have read Shashi Kiran's book and various judgements posted on this forum. Actually there are 200+ judgements posted on this forum in which professional working woman has been denied maintenance.

My suggestion is to patch up and live sometime away from in-laws or settle with mutual consent. Your parents will encourage you to fight back but in their heart they want you to settle if not in this marriage then elsewhere when they are alive. Your husband can also put review petition in session court, high court and time will get wasted.


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