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Rinku   05 February 2016

How to take stay for interim maintenance & other queries.

I am married since last 1 year. 4 month after the marriage, my wife left my house and
went to stay with her parent stating reasons as harassment, torture, mental stress and
all bullsh*t. 3 month after leaving my house, she registered  a case (section 307 ipc)
against me and 498 against by parents in Mahila PS. When she left home, i tried to reach
her through her parents & relative but her parents refused to talk and said she is away to
delhi sometime bangalore in search of job as she is B.tech in Comp Sc & Engineering. 
We however applied and received anticipatory bail from hon'ble high court for all the false
allegation that she had done. Now she has filed DV Act against me and my parents followed
by another case under Section 125 in family court asking for maintenance plus all
litigation charges. I have not applied for divroce yet but i am thinking to do so in few
weeks before the Case date which is next month. 
So here, if i apply for divorce - then interim mainteance will be allowed which i need to pay. 
I am not willing to go for interim maintenace and would prefer to go for one time settlement
and divorce. So is there a way to stop interim maintenance incase if it is allowed.

Some points to note:

  1. She is trying to tortue me and my family member by filling false allegation and mis-using the laws.
  2. Year of marriage is 1 year. She is not staying with me since for(Appox 7+ month) from now.
  3. My Wife qualification is B.tech in Computer Science and engineering. Currently she is sitting idle and does nothing but she is capable to find a job and earn.
  4. We did tried to go for mutual settlement but they demand a huge amount of 20 Lakhs.

If monthly income is 40,000/- then how interim maintenance will be calculated. Does loans,
medical expenses of my father (heart patient), my personal & household expenses be counted
in the calculation. Would be helpful if someone explain how and on what basis the interim
maintenance is calculated for a person income. Example like what are considered/counted -
Loans, Parent Medical expenses, Taxes, Monthly Household expenses etc.
Lastly, what is the procedure to take stay order incase if interim maintenance is 
allowed ??

Kindly please help me..



 7 Replies

rajendra (na)     05 February 2016

Please read the below articals......

https://mensrightactivist.wordpress.com/2013/11/20/strategy-to-handle-the-interim-maintenance-order-in-pwdva/

and

https://forum.498a.org/


Along all other factors that weigh us down in 498a/ DV etc. One thing in particular is worrisome. That is paying maintenance to the lovely 498a wife. It is not that I am against the maintenance of wife in any manner. I am against the practise of these women first bleed us slowly and then use our hard-earned money against us by paying to their lawyers and by filing new cases everyday. I have personally known a couple of lawyers, who charge 50% of maintenance amount and do not charge anything else for fighting the case from the girl side. Here are my two bits on how you can reduce the burden, pay no maintenance. I am sure your counsels are intelligent people but no harm in being fore-armed with some judgements and knowledge.

First whether its CrPC 125 or 24HMA, the factors considered for grant of maintenance broadly are following:

1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents.

One factor diffirentiates in CrPC125 and 24HMA. Most of the High Courts have rulings which states that if the wife is earning/ has a permanant source of livelihood, she is not entitled for maintenance under CrPC 125. Whereas in 24HMA she can still claim maintenance, because this section empowers her to stay in the same kind of comfort/ life-style, which she was living in her matrimonial home.

Based on the above factors, the following needs to be done in preparing the reply:

1. Prove wife is earning. NO MAINTENANCE (Tons of Authorities on the same)
2. If wife is not earning, prove that the petitioner is capable of earning and thus there is no need for her to claim maintenance. NO MAINTENANCE (The same has been held in many cases, Punjab and Haryana High Court and few other high courts have given rulings that the petitioner is highly qualified and hence she does not deserve any maintenance.)
3. If you have filed RCR, then maintain that you are willing to maintain the wife in her matrimonial home and hence there is no need to pay her maintenance. As any maintenance paid would make your efforts of a successful married life fail. LESS MAINTENANCE IS AWARDED IN SUCH CIRCUMSTANCES. (Though there is no authority on the same issue known to me, but if there has been a decree on RCR, then wife cannot claim maintenance, the same has been held in many cases)
4. Recently there was a judgment by Mumbai High Court stating that a wife who can not prove cruelity does not deserve maintenance. The judgment is available at:
https://www.498a.org/contents/judgements ... N22602.pdf
5. Show your liabilities in terms of Debts/ Parents/ Dependent siblings. LESS MAINTENANCE.
6. Show any special needs of your parents.
7. LAST BUT NOT THE LEAST. IF THE WIFE HAS CONCEALED ANY INFORMATION, LIKE ANY KIND OF INCOME (NO MATTER HOW INSIGNIFICANT), HER PREVIOUS WORK EXPERIENCE (EVEN BEFORE MARRIAGE). USE THE SAME AGAINST HER BY STATING THAT THE PETITIONER HAS NOT COME WITH CLEAN HANDS. THIS WORKS. THERE ARE MANY AUTHORTIES ON THE SAME ISSUE WHERE MAINTENANCE WAS DENIED ON CONCEALMENT OF VERY INSIGNIFICANT FACTS. 

And the acts empower you to move revision petition/ review petition against any orders passed against you or whenever there are change in circumstances, like wife has started working, the custody order is in your favor. Your parents need additional care due to illness etc.

Born Fighter (xxx)     05 February 2016

Wife is Btech ...........you gather evidence on any past employment/current employment...........focus on rejecting her maintenance.

 

Why are you in hurry to give her one time amount ??? Paise jyada hai to plsssss do charity, you will get blessings !! 

 

As far as possible dont pay any money to these metro feminists who get educated only to claim maintenance/alimony from husband by misuing the laws. Once her maintenance gets rejected you would be in a better position to negotiate for a one time amount that you can afford and not what ur wifey is trying to extort from you. 

 

Dont fear DV/498 fight these cases on merits. Read my replies to other posts on how you can reduce/avoid paying maintenance  

 

Rajendra Singh   05 February 2016

i read on this forum a Interim Maintenance case of an NRI gentlemen who was hit by a moron MM Shivani Chauhan with an unreasonable amount.

what to do in that kind of a case?

Rinku   06 February 2016

Thank you everyone for replying to my conerns.

Another thing to add is that, My Wife has the required qualification - B. Tech. Passed out in 2012 and after completing B.Tech she has not working with any organization. Though she has the required qualification but she never tries to check and apply for jobs instead she is sitting idle.

She and her my family are always trying to extract money from me. I sometimes think that she got married to my money and not me. So they are trying different ways like DV, sec 125 and i don't know if she would go further like HMA24 etc.

The case that she registered through sec 125, the case date is next month and i guess court would allow interim maintenance soon incase if i apply for divorce which i have not applied yet but i am thinging to do so before the case date. So i have a concern her is that if incase court allows interim maintenance then is there a way to take stay orders on interim maintenance may be in higher court.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

The reply mentioned above wherein the detailed reasoning has been explained is quiet well though out and received my approval

ANIRBAN CHAKRABARTI (Principal Architect)     09 February 2016

Do not pay any settlement and fight it out, whatever painful it is. Settlement amount can maximum be Rs 8 Lakh given year of marriage is one and your salary of Rs 40,000. If she gets settlement, she will tell around the entire world that you had extra marital, and you understood your mistake, so as to pay her.

Ashwin   03 April 2018

More Judgements on interim maintenance


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