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ravi (Eng)     21 June 2015

Interim maintenance / maintenance

Hi,

 

After 1 year of marriage, my wife will-fully (& on her mother's invocation) left my home and went to her parental house.

 

After that she has filed crpc 125 against me. I too have filed RCR.

 

I asked her to come back. But she is not ready to return. She is saying either you arrange another house for me or give me maintenance for living with my mother.

It is her wish to live there.

 

1. Still will I have to give interim maintenance / maintenance to her? Why should I take burden for this?

 

2. Can I make her live with my parents in join family, till the time I arrange another place (& money for that)?

 

3. How to convince court for this?



Learning

 8 Replies

saravanan s (legal advisor)     21 June 2015

if you can prove that your wife wilfully left the home then she is not entitled for maintenance

https://timesofindia.indiatimes.com/city/delhi/Wife-leaves-man-willfully-court-denies-alimony/articleshow/10586450.cms

https://terminatorak.wordpress.com/2012/01/16/no-maintenance-us-125-cr-p-c-to-deserting-wife-bombay-hc/

https://fromvinayak.blogspot.in/2015/02/deserting-wife-not-entitled-to-maint-us.html

ravi (Eng)     22 June 2015

 

Thank you very much for the reply, Mr. Saravanan..

 

Kindly advise on below queries:

  1.  Can I make her live with my parents in join family, till the time I arrange another place (& money for that)?
  2.  How to convince court for this?

 

Adv. Chandrasekhar (Advocate)     22 June 2015

Even though RCR is filed by you, it is that the burden on her to prove that there is a reasonable ground for her leave the matrimonial home.  Objection to live in the joint family by the wife will not convince the court, but by living in joint family if she proves, she is facing physical or mental harassment and living in such atmosphere is not conducive to her, the court will not force her to stay with you.  As you have already decided to stay away from your parents, it is better for you to start separate set up right now, while not abdicating any negligence in money and affection to your parents.

ravi (Eng)     14 December 2015

Thank you Chandrashekhar Ji!!!

Sorry for the late reply..

Doomed_Man (Respondent)     14 December 2015

But keep in mind...Interim will still be ordered

ravi (Eng)     16 December 2015

Thank you Doomed_Man for the reply..

 

She was working for some time now. I have got her salary receipts.

If I submit those, then can the interim maintenance need to be provided?

Vikash Kumar (Recruiter)     19 December 2015

do u have any child?

ravi (Eng)     21 December 2015

Hello Vikash Kumar ji,

NO..  I do not have a child.

 

Moreover, she left the job and she has started doing a full time educational course.

So in this case, can interim or final maintenance be ordered? (i mean if she says she is studying and does not have source of income)?


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