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help_divorce (SC)     09 February 2011

Interim Maintenance

My estranged wife has filed for divorce under 13(ia). I have filed for RCR. Is wife eligible for interim maintenance? Will I be compelled to give interim maintenance?

My argument is that I am ready to maintain her provided she returns. If she doesn't want to return, under such circumstances also will I be forced to give interim maintenance? 



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 13 Replies

Ambika (NA)     09 February 2011

When she returns and both of you live together,  it is not called maintenance or maintaining....

Tajobsindia (Senior Partner )     09 February 2011

@ Ambika


A small correction to your quickie, kindly donot repeat in some other post what you said to this posts author, bze some months back the wider meaning of same quote and your quote styled quote was highly objected by your fellow feminist authors to our various postings (ops respected female writers is more politically correct way to address them colly).


Understood; read Renuka Gupta and Ashutosh Jaiswal’s posts of 3 months back vis a vis some of mine / Arup’s / Dabang Lady’s / Swatirswatir etc. etc. posts.


Oh you have already read them, then kudos to ack. what we said before…………..

2 Like

Ambika (NA)     09 February 2011

Sure, Tajobsindia jiif I woud remember I would quote them, but these are the things which many of us know , so any need for quotation? May be I have not read this particular thread till now , I am still going through them as time permits me to do it

However, advice very well taken but with a qualifier as and when I come across such quotes...

manjit kalra (system eng)     09 February 2011

if she has deserted u , she has no right of maintenance u/s 125 , however it is within discretion of court to allow her interim maintenance u/s 24 hma , provided she does not have a proven bad conduct on record.

help_divorce (SC)     09 February 2011

She doesnt want to return. She is currently employed as well. I had requested several times to return, yet she doesnt want to. Under such circumstances also will I be asked to pay interim maintenance?

Out of Court (Consultant)     09 February 2011

yes, u hv to pay even in the pendent lite, however if she resides wth u nd u r bearing her expenses it is nt maintainance, if she desserted you wthout ny reason, or living under adultry thn upon proving sch points you can challange the claim of maintainance

Supratim Paul (E)     09 February 2011

Hello,

Tell us first why she has left the house. Are you staying seperately ?

 

Then what is mentioned in the divorce petition ?

 

Then next are you willing to stay with her. Then fight for ur RCR.

 

Also do u have proof of her job or do u have proof that you have tried to bring her back and also she has left of her own and no other reason. U need to proof this.

 

My suggestion that you take a criminal lawyer and a lawyer who can fight your case and not get friend with your wife's lawyer.Else you will be in trouble.

 

If you get a greedy lawyer then they will force you to get mutual divorce and pay you huge money or else he will tell they will file 498a.

 

Also take your moves carefully and keep proof at every stage.Also pls answers the Q asked above so that Lawyers in LCI can suggest you properly.     

Avnish Kaur (Consultant)     10 February 2011

if she is employed and earning well , and there is no child , no maintenance. get proofs of her earning.

Manoj Choudhary (Advocate)     10 February 2011

If she does not want to return and has filed divorce under 13A I request your not to appear in the court in divirce case. The divorce will be Exparte. and she will get divorce. On the the other hand u will be free simultaneously. for further clarification, mail me at advchaudhary@in.com . I am not a lawyer

Avnish Kaur (Consultant)     10 February 2011

what about exparte alimony? if he softly contests it will be better . softly contest and give proofs of her earning , so that her earning is also taken into consideration while giving alimony.

N.K.Assumi (Advocate)     10 February 2011

Q is, My estranged wife has filed for divorce under 13(ia). I have filed for RCR. Is wife eligible for interim maintenance? Will I be compelled to give interim maintenance? My argument is that I am ready to maintain her provided she returns. If she doesn't want to return, under such circumstances also will I be forced to give interim maintenance?

Should husband mintain such Wife?

Tajobsindia (Senior Partner )     10 February 2011

Originally posted by :N.K.Assumi
"
Q is, My estranged wife has filed for divorce under 13(ia). I have filed for RCR. Is wife eligible for interim maintenance? Will I be compelled to give interim maintenance? My argument is that I am ready to maintain her provided she returns. If she doesn't want to return, under such circumstances also will I be forced to give interim maintenance?

Should husband mintain such Wife?
"

Actually it is a very good short question.

In my views the answer is NO
Reasoning:
1. All that the boy needs ot do is to challenge the award and be ready to go to prision.
2. Under HMA The Act she still needs ot proove "grounds" for S. 13 (1) and once she is not able to prove it all that remains is prision terms spent minus the pending award is it not so under HMA The Act ?
3. The que. is primarily of "interim" not alimony which should be noted to answer your last sentence clubbed with his whole que..  

help_divorce (SC)     13 February 2011

My lawyer claims that interim maintenance cannot be avoided. The estranged wife is earning around 35k per month, however my salary is more than her's. I do not have proof of her actual gross, but she has declared the amount to the marriage counsellor. Will I have to pay her interim maintenance just beacuse I earn more?

I am ready to maintain my child and pay for his playschool expenses. I do not want to give any maintenance to the estranged wife because she left me on trivial grounds. I have been repeatedly trying to call her back, but she doesnt want to live with me any more. The court has granted me visiting rights, but even during that period she purposely nags me and provokes me. My child loves me a lot and always cries when I leave him after the visiting hours. However the lady has no pity and always makes a big fuss whenever I go to meet my child. I filed an application for child custody, but the court doesnt even take up the matter as according to the court infant's cusody can only be given to the mother. What can I do? How can I help myself?


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