Deep_blues (Engineer) 16 March 2013

Interim maintenance application after main maintenance

Dear all

Ex parte divorce granted on sept 12 in X city on grounds of cruelty.

She filed 125cr.pc for permanent maintenance and 498a after receiving summon of divorce in Y city and after receiving divorce summon from my side she wrote letters to the magistrate. she didn’t mention any specific allegations in her letters written to the magistrate of X city after proper summoning, she just showed her inability to travel with a chid but the true story was she was cooking the dish named 498 along with other spices for me during that period.

Charge sheet yet to be submitted.125 trials are on. i submitted my w.s in dec 12,and it was on evidence stage on next hearing, but on next hearing they applied for interim maintenance after getting a copy of my reply. Judge showed his dissatisfaction on their act but accepted it. She had hidden the fact that divorce has been granted, in spite of her knowledge she didn’t bother to appeal which shows her least interest in continuing with the marriage. Now she has submitted an affidavit that she is a legally married wife of me in her interim maintenance and got herself dressed like a typical hindu Bengali wife in the previous date. I am ready to give maintenance to my minor child but not her. I work in a different city and they want to take advantage of my absence though my advocate will be contesting. My queries are:

1. How can i stop this interim maintenance for her.

2. How can the amount be minimum as my child gets medical, educational and accommodation allowances (the basic needs) free of cost from my employer. Can this be highlighted as 1/3^rd (if decided) of my salary will be misused by that woman.

3. Will the amount be decided on next hearing as I am going to submit my reply against interim application on that day.

4. Can her previous act of misleading a court of X city through mere letters be of some advantage in 125cr.p.c as i got all documents relating that case. I had sent money and products for child and her to meet the day to day needs but she kept on denying, so can this help in interim maintenance that if a woman is in such a grave need then why didn’t she accept all these for past one year. Will this show that she appeared in uncleaned hands.

Thanks in advance.

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6 Replies

Tajobsindia (Senior Partner ) 16 March 2013

Originally posted by : Deep_blues
	Ex parte divorce granted on sept 12 in X city on grounds of cruelty. Take: The divorce has become final unless re-opened on grounds of fraud / un-clean hands. Post divorce a wife is also eligible to file S. 125 CrPC so she wearing fine bridals on Court hearing is just to add color to Court proceedings and should not influence you as afterall you should now discover your wife via seeing her in Court J She filed 125cr.pc for permanent maintenance and 498a after receiving summon of divorce in Y city and after receiving divorce summon from my side she wrote 1. How can i stop this interim maintenance for her. Take: Interim Application she can file post main Application and there is no such Bar. You can contest the same. 2. How can the amount be minimum as my child gets medical, educational and accommodation allowances (the basic needs) free of cost from my employer. Can this be highlighted as 1/3rd (if decided) of my salary will be misused by that woman. Take: Yes you can 'mark' such allowances for a court to review and then decide accordingly. . 3. Will the amount be decided on next hearing as I am going to submit my reply against interim application on that day. Take: It can be as it is summery disposal matter with verbal arguments before bench it could be and sooner it is the better for you to review / appeal if not satisfied and arrears (if any) may also look less under appeal. 4. Can her previous act of misleading a court of X city through mere letters be of some advantage in 125cr.p.c as i got all documents relating that case. I had sent money and products for child and her to meet the day to day needs but she kept on denying, so can this help in interim maintenance that if a woman is in such a grave need then why didn’t she accept all these for past one year. Will this show that she appeared in uncleaned hands. Take: Not necessarily but no harm highlighting "not neglected" as that is intent and object under S. 125 CrPC.

Deep_blues (Engineer) 16 March 2013

Dear Tajobsindia sir, thank you very much for ur reply. Can her interim maintenance affidavit,saying she is still my wife,be challanged in 125 itself ? I can prove that she got ex parte divorce info well in advance, for which she has congratulated me via SMS. More than 6 months have passed and appeal for setting aside ex parte divorce is still not filed (as she want just money not a relationship). She is busy in 498A and 125 against me, wearing sindoor etc shamelessly and pretending to be my legitimate wife.

One more thing sir, I hv seen all ur previous posts and comments. Its a very noble job that you are doing. May god bless u nd ur family with all prosperity, health and wealth.

Tajobsindia (Senior Partner ) 16 March 2013

1. One can challenge only if in ex parte divorce you were able to prove 'desertion' and or 'mental cruelties' as both are not grounds for her to achieve maintenance under S. 125 CrPC.
2. If above you didn’t achieve in your ex parte divorce then do not challenge except 'deny on date of her application / affidavit current marital status' of parties is such and such and place ex parte Decree (marked) with your w/s for court to take note of.

Regarding previous posts of mine, I reserve my doubt as you having gone over them truely, as, if so then you would have known by now that S. 125 CrPC is claimed by both divorced as well as by married wife, however further litigation is a well informed social art.

Be assured in case of conviction she is the one who will come to jail carrying Tiffin the way her court dress speaks volumes about her un-dying love to institution called marriage for the society, whereas in case of acquittal she will file condonation delay to re-open the ex parte divorce case all due to her fixation to sari. sindoor and glycerin hence enjoy a abalas show till it lasts.

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ashoksrivastava (scientist) 16 March 2013

Tajobs sir I have some disagreement with your point no1(though I wish you are )right). SC in Rohtash Singh vs Smt. Ramendri & Ors. on 2/3/2000' has ruled that even if divorce is granted on basis of desertion by wife she is entitled for maintenance under crpc125 if she is not able to support herself. Pl correct me if I am wrong. as I myself am going to take a decision based on correctness or other wise of your point no 1 regards ASHOK

Tajobsindia (Senior Partner ) 17 March 2013

@ Ashok Srivastava

Read para 11 and 12 of your own quoting why Apex court did not interfere in it and now help yourself with what I placed here in earlier para 1 which you do not believe -

SC Judgment

Poonam Vs. Mahender Kumar - SLP (Crl.) 8854 Of 2009 of 16-11-2009

HCs' Judgments:-

Harjeet Kaur Vs. Bhupinder Singh AIR 2007 HP 96, II (2007) DMC 415 - HP High Court

Bheekha Ram Vs. Goma Devi and others 1999 CRLJ 1789 RAJ - Rajasthan HC

Smt. Archana Gupta & Another Vs. Sri Rajeev Gupta & Another Criminal Revision No. 201 Of 2006 Uttarakhan HC (Nainital)

Poonam Vs. Mahender Kumar Criminal Misc. No. M-24684 of 2008 (O&M) - P & H High Court and then upheld by Apex Court

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ashoksrivastava (scientist) 17 March 2013

Tajobs sir thanks for your detailed response after going through apex court judgement and P&H HC judgement my understanding is that an undivorced wife is not entitled for maint under crpc 125 if found guilty of desertion. How ever a divorced wife is entitled for maint. if she is unable to support herself despite the fact that divorce was granted on grounds of desertion. quoting fromSC judgement in in Rohtash Singh vs Smt. Ramendri & Ors. on 2/3/2000. "The Calcutta High Court had an occasion to consider an identical situation where the husband had obtained divorce on the ground of desertion by wife but she was held entitled to Maintenance Allowance as a divorced wife under Section 125, Cr. P.C. and the fact that she had deserted her husband and on that basis a decree for divorce was passed against her was not treated as a bar to her claim for maintenance as a divorced wife. (See : Sukumar Dhibar v. Smt. Anjali Dasi 1983 Cri LJ 36 (Cal). The Allahabad High Court also, in the instant case, has taken a similar view. We approve these decisions as they represent the correct legal position."

again P&H HC in poonam vs mahendrakumar judgement which was upheld by SC observed and I quote"she never tried to contact the respondent or her kids. In the case of Smt.Rohtash Singh v. Ramendri (Smt.), 2000 (2) R.C.R (Criminal) 286, it was held by the Hon’ble Supreme Court that a wife is not entitled to maintenance who has deserted her husband, but a wife who has divorced on account of her desertion is entitled to maintenance from decree of divorce. " So taken together I understand that"If I get divorce on grounds of desertion my wife can still claim maintenace under crpc 125 from date of divorce till she gets remarried in case she is not able to support herself" I hope I am able to put across the real issue. kindly affirm or contradict my understanding of position of law on this issue. regards ASHOK