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Krishna Kumar (Business)     01 May 2011

If wife deserted, Maintenance required

Hi,

After reading some post here, I got to know wife can get maintenance if she left matrimonial house with genuine reason. But I am confused about this genuine word here as all the law is favour of women and against husband.

Please let me know is the wife is qualified for getting maintenance for the following reason.

1. Wife was having affair with another guy before marriage. She made lost of calls and around 60 SMS  on daily basis. Husband having proof of mobile statement of wife.

2. It was continued after marriage also but husband was not know till 1.5 month of the marriage.

3. Once husband came to know about the mobile conversation with another guy and SMS information, he asked the wife about it.

4. Wife started avoiding husband after this dispute. She gone to her mother home frequently and avoided to come husband house.

5. Made a beatiful story by saying husband doubting her and some false statement infront of some peoples and taken her valuables and left the home.

6. After she left almost 10 times husband and his relatives went to wife house to get her back, but she did not come.

Till 1.5 years, no case files by her. If husband file any case (whether RCR, Divorce), she will be filing maintenance case.

Please let me know does she eligible to get maitenance in this case. Does she has genuine reason she left home. 

Many Thanks, Krishna



Learning

 21 Replies

Tajobsindia (Senior Partner )     01 May 2011

@ Author

1.
If you can prove she deserted you then no maint.


2.
Why file a case ! Send her money reguarly, let her refuse. Keep records when any case by her on floor then these and other mentioned evidences witll come handy.


3.
Enjoy life and tell your old folks also to wake up to modern India.

Rohit Shukla (Engineer)     01 May 2011

Mr krishna, is this for your wife or for your sister? :) Sorry failed to understand.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 May 2011

Dear Krishna,

Wife cannot claim any right in such a situation. plz ask your advocate to produce delhi high court and patna high court judgemnt wherein if wife deserted her husband then no maintenance.

Regards

adv.kamal.grover@gmail.com

Krishna Kumar (Business)     02 May 2011

Hi,

Thanks for your answers. I have good proof she only left home and not returning home. I am afride if she create a story against me and cry infront of the judge. She is very good lady creating drama and crying in frond of the public.

Tajobsindia sir - If I send the money to her, she never refuse where as she will take the money and enjoy with that. She already got 2 lakhs ruppes from me by loan and I am the person paying for it. They are expecting more from me that why they are not opening their mouth to say they want divorce. Can you please tell me how it will help if I send money to her.

Kamal sir - I will check with my advocate for those judgements. Thanks.

Rohit Shukla - It is only for me. Not for my syster. If that would have done by my syster, I will be the first person go and beg the uncle to forgive my syster and get her back.

Many Thanks. 

Krishna

Arup (UNEMPLOYED)     02 May 2011

I am confused about this genuine word here as all the law is favour of women and against husband.

 

---   yes it is true.

Arup (UNEMPLOYED)     02 May 2011

1. Wife was having affair with another guy before marriage. She made lost of calls and around 60 SMS  on daily basis. Husband having proof of mobile statement of wife.

 

---   evidence of relationship with him.

Arup (UNEMPLOYED)     02 May 2011

2. It was continued after marriage also but husband was not know till 1.5 month of the marriage.

 

---   action should be taken at earliest.

Arup (UNEMPLOYED)     02 May 2011

3. Once husband came to know about the mobile conversation with another guy and SMS information, he asked the wife about it.    ---    ok.

 

4. Wife started avoiding husband after this dispute. She gone to her mother home frequently and avoided to come husband house.   ---   natural.

Arup (UNEMPLOYED)     02 May 2011

5. Made a beatiful story by saying husband doubting her and some false statement infront of some peoples and taken her valuables and left the home.   

 

----    have you written proof that she has taken away the valuables ?     

 

false statement in front of whom? are they ready to witness before the court?   

 

against 60 calls a day, doubt is quite natural. what is her reply?

Arup (UNEMPLOYED)     02 May 2011

6. After she left almost 10 times husband and his relatives went to wife house to get her back, but she did not come.

 

---   once sufficient; twice is enough.

Arup (UNEMPLOYED)     02 May 2011

Till 1.5 years, no case files by her. If husband file any case (whether RCR, Divorce), she will be filing maintenance case.

 

---   how you came to know?   have you good contact with her ?   have you paid any maintenance to her so far?

Arup (UNEMPLOYED)     02 May 2011

does she eligible to get maitenance in this case.

 

---   according to your version, she need no maintenance.

has she independent source of income? how she is maintaining so long time?

 

Does she has genuine reason she left home. 

 

---   NO.

Arup (UNEMPLOYED)     02 May 2011

I am afride if she create a story against me and cry infront of the judge.

 

---   yes there is a chance.

 

She is very good lady creating drama and crying in frond of the public.   ---   general character.

Arup (UNEMPLOYED)     02 May 2011

She already got 2 lakhs ruppes from me by loan and I am the person paying for it.

 

---   on what ground you gave so much money to her?   

has she created any pressure upon you?

this loan creats the doubt that you are making story.

have you record that she accepted this amount?


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