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rakshit (others)     27 April 2014

How to fight maintenance application section 24

Hi All,

          I have filed for nullity of marriage against my wife under section 12 A and C.

         She stayed with me just one month after marriage and deserted me.

        After receiving notice she has filed for RCR under Sec 9.

        But RCR has failed in mediation. Now my wife has filed an IA requesting me to pay her

       Rs 25 thousand as maintenance every month .

       Please guide me how to fight this maintenance application on below points

     1) My wife is an MBA graduate and was working before marriage and she had mentioned she was working

          as HR in the biodata which she she had given me during marriage proposal.

   2) After desertion from me she was working in another company.

   3) Notice was served to her office and she had recieved notice in her office.

   4) Now she is telling she has some health issues and  she has quit the job due to health issues and she is jobless and want Maintenance of Rs 25 Thousand from me every month.

5) She comes from upper middle class family where her parents has own house and 5 acres of agriculture land in her native.

6) I am only son and I am paying my home loan and need to take care of my old aged parents.

7) I am only person working in my family

8) My wife stayed just one month after marriage and marriage was not consumated.

 

PS : I am an engineering graduate.

 

Please help me to fight this maintenance application on below points

 

Thanks in advance,

Raksh*t

 

 



Learning

 3 Replies

fight (personal)     28 April 2014

Call 08882498498 for free legal advice...save Indian family forum is for families affected by biased laws....Misuse of law....these laws have turned failed marriages into extortion rackets...

T. Kalaiselvan, Advocate (Advocate)     30 April 2014

Just non consummation of marriage cannot be a ground for annulment of marriage.  If you have filed a petition u/s 12(1)(a) of HMA  that the marriage has not been consummated owing to the impotency of the respondent, what was the evidence or witness to support your allegation?, did she give any reply to that?, She has filed a petition u/s 9 of the same act, what is the status of it, did you file your counter to it?, What is her allegation in her RCR petition?  Is she blaming that she was thrown out of her matrimonial house, did you accept that ?, or whether you have stated that you were ready to take her back but it was she who never wanted to come back instead has filed a false petition and also a vexatious claim for interim maintenance too despite knowing well and  fully aware that she is not eligible for that being an employed person (you should not reveal that you know that she is out of her employment). 

For your information:  If she has no independent income  hence has filed a petition u/s 24 of HMA seeking interim maintenance or expenses of litigation under the section should have no independent income of her own.  If she is employed and her salary income is sufficient to maintain herself her application under this section cannot be allowed.  Maintenance can be granted to only such person who is not able to maintain herself.  However, it does not mean that such person should be destitute or beggar.  What is necessary is that the applicant is not in a position to maintain herself not much below the status, which she was used to.  Where the applicant seeking maintenance and expenses for litigation is economically and fully dependent on her father or other relative cannot be said to have an independent income.

Gautam Kapoor (IT professional Studying Law)     08 May 2014

Adding to what Mr.Kaliselvan sir has said - she would have surely countered your prayer seeking nullity of the marriage on the grounds on non consummation due to impotency.Did she ? Do you have any solid proofs on the grounds you have seeked nullity of marriage.

why did the RCR fail ? This could may  have serious recupursions on you (read DV) and probably 498.

coming to maintenance it is a natural phenomenon to quit jobs at the onset of divorce or nullity of marriage.Their parents riches will have no bearing for her to stop asking maintenance.Though you have liabilities read house loan ,old aged parents to look after,their medical bills your medical bills and other expenses which could be deducted from 1/3 of your take home for her maintenance.

If you are retrenched then the quantum of maintenance may come down.

Your home loan (not sure whose name it is) can be a plus for them if they go for DV.Take advice immediately on my last point.


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