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Interim maintenance under section 24

Page no : 2

Ranjan .... (employed)     07 July 2016

To A Walk Alone, 

I would have appreciated if you would have asked for more details about the case than making a judgemental remark of the case being a lie/fraud.

However, I would like to clear my case furthur.The marraige was solemenized in Feb 2013 and I just stayed with her for a month time. Though I had problems since beginning but I ignored and gave the benefit of doubt. After a month, I was transferred and posted to a different location, my job needs working at client location being a consultant. During that time she was with my parents and her parents intermittenly. After 4-5 months time, my Father met with an accident and passed away. Post that I told my client I'll work from home for quite some time and then I realized her cruel behaviour, insanity and got to know about her mental illness after taking to the Doctor. Doctor advised not to keep her alone and after she attempted commiting suicide at her parents place, Doctors asked me to seek Legal opinion and lawyers suggested to go for furthur legal actions. 

Also, schizophrenia is a disorder which I am sure you are aware is due to genetic variants and can not occur by your stated torture that too not staying togather. 

Anyways, thanks for your response.  

498aNvrTkHerBk   07 July 2016

Did you have proof for your wife's medical condition ? Never submit proof of your salary. Your lawyer is right. Drag the maintenance case by filing another petition , try to get stay for current judgement. Basically delay as much as you can, that at one point she starts going to work and then use that (get her tax returns) as reason not to pay maintenance. So what if court gave judgement ? Tell her you don't have money. That you took lott of loans and you are under debt.you are in foriegn country. Making you pay is hard for her. Don't pay unless you have no other go. Let her file another complaint for you not paying her the maintenance. If you have property in India that she is aware of she can come after that by attaching that and asking you to pay using it as leverage by means of a collection agency. If you don't have property / cash lying in your bank account in India or if she doesn't know about your property then she CANT MAKE YOU PAY. HOPE IM RIGHT. SOMEONE CORRECT ME IF IM WRONG. The same Indian law which is lenient towards women has so many loopholes. All the rich guys business men always don't pay tax using such loopholes. Politicians do more criminal activities than common man. Just be bold! Fight on! Rock on!!stay strong !!

498aNvrTkHerBk   07 July 2016

"a walk alone" : you dont know what happened, do you? You talk like you know everything that happened in this person's marital life. "Ranjan" : was your wife with you in London? Did she go to work? If not she probably stayed at home all day. Loneliness stress and depression are common for housewives in countries like UK, US, AUSTRALIA. Regardless, it is hard to live with drama queens who just want it their way always like a child. And to this purpose they threaten with committing suicide.

498aNvrTkHerBk   07 July 2016

Ranjan, you may have already noticed that the people above are pro-woman. If it comes to that, that you have to pay the maintenance money, while it may be tempting to get over the whole issue once for all by paying a lump sum amount like 24 lakh (which will pay interest of 20,000 monthly @10% interest), I suggest you never do that. Rather take that same money, you deposit it and get that 20,000 and add another 20,000 and give it to her every month. A) If she goes to work EVER or if she gets married again EVER, then you stop your payments and you retain that 24 lakh as well. B) In the event that she doesn't do either and decides to spend rest of her life living on your money, then so be it! Sooner or later rupee will devalue and that 20,000 INR that you give her after 10 years may actually equal only 4000 INR today's value. Likelihood of A happening is high and B happening is very low. You already know this.
1 Like

ramesh   08 July 2016

very gud reply by498a , he is seems to b a victim of 498a, @ ranjan tke advice frm him

swatikulkarni   08 July 2016

If mental condition is hidden from you before marriage. Please see if you can get expert openion (Medicle certificate from doctor) about her disease that it was before marriage.

Once you prove her illnes is before marriage, you can ask to declare marriage as Nill and Void!

If your marriage if null and void, then there is no question of maintenance.

However you may have to pay litigation expenses.

This way, you can avoid permanant maintenance.

Sonali   23 July 2016

If you are trying to settle the case, it will not. If you are trying to fight against the blackmailing and money extortion in face of maintenance or alimony then you CAN win as per your terms.

 

First of all, accept by yourself and try to convince the court in your petition, affidavit and argument (long way proceeding) that she is highly qualified and capable despite having a mental disorder thus she is not entitled to get maintenance. If you are working in abroad and get high pay package doesn’t mean that you will be looted by maintenance. Read MP High Court Indore bench judgment, Civil Revision No. 1290/99 Decided On: 24.03.2000, Appellants: Smt. Mamta Jaiswal vs Respondent: Rajesh Jaiswal. Court has already answered your question in this judgment.

 

Based on your narration, there is nothing misconduct by your side towards your wife. But, your wife may have falsely alleged in her HMA 24 petition. Try to disclose the fact before the High Court through your all proceedings pray for Perjury (CrPC 340 Punishable under IPC 193) against your wife.

 

Unless you win the game psychologically there is no chance of amicable settlement because for them you are a gold mine.

Ranjan .... (employed)     24 July 2016

To 498a: Thanks much for your response. She was never with me in London. I came to London 1.5 years back and she is living with her parents from more than 2 yyears. She is not under depression but is diagnosed of Psychotic disorders and is under medication for Schizophrenia. She has also committed suicide at her parents place and threatened me for the same. I believe I should move to the higher court as the justice has been not granted in the lower court. The Judge ordered R 40,000 per month as maintainece without any logic and rationale. He has not at all considered cost of living index, gilr's educational qualification, the fraud which has happened to me, their malicious intentions etc. 

Ranjan .... (employed)     24 July 2016

@ Swati: Thanks for the response. I guess the nullity of marriage is granted if the divorce petitiion is filed within a year of marriage, and hence the option do not seems anymore. 

@ Sonali: Thanks for your response and the judgement quotation you provided. We have cited this is our rejoinder " Section 24 has been enacted for the purpose of providing a monetary assistance to such spouse who is incapable of supporting himself Or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente lite alimony"

But still the judgement is not in my favour. My wife's and her family is under complete provocation by thier lawyers who is trying to complicate and delay the case as much as possible. They have also filed a maintanence petiiton under 125 CrPC. 

Born Fighter (xxx)     28 July 2016

 

Further to what i said in my reply earlier

  1. Go the court with an appointment letter, inform the court that since ur wife is highly qualified she can start working. Pay 1L to some one who can employ her (if required) and let him pay 15kpm to your wife. for period of 6months. Understand the logic behind this as you will gain in longer run. This way you can avoid paying (pay less) her maintenance in future. Dont make things easy for your wife who is looking at lazying at home to earn 40kpm. If your wife is really suffering from schizophrenia it is unlikely that she will get married again, so she will suck your blood life long and extract free money by sitting at home'.
  2. After you filed divorce , what is wife saying ??? Does she want to come back to you ??? If she says yes then inform the court to check her mental condition or ask your wife to submit report, if she is sound then you can consider taking her back ( don't commit though). If ur wife has a mental condition then this will put tremendous pressure on your wife as there will be considerable damage to her reputation if she agrees for any test.
  3. Try for settlement as best option to save time , health, career and money. Most of the false marriage cases and demands from wife for hefty alimony fall like a pack of cards once the husband retaliates and fights back tooth and nail. It takes 1.5-2yrs for even the court to realize ( merits of case) where the problem lies, wife will then feel the pressure from all sides to surrender for decent alimony. Keep options for settlement open
  4. If you cant appeal in HC, than file application at same family court for revision in maintenance under change circumstances and try reducing maintenance. Hire a competent lawyer for maintenance matter. I can suggest my lawyer who can guide you on phone/online as hes not from your state.

 

( Im also surprized ur wife has not filed any cases like DV/498A)

 

1 Like

Nitish Banka (lawyer)     31 March 2018

Posted by: Nitish Banka  Categories: Family Law Landmark Judgements 
 

 

Interim Maintenance Arguments important judgments

If you are from the Husband side and your wife is capable of earning and having good qualifications and if you are unemployed then how will you defend the interim maintenance case  filed by wife.

Here are the few judgments which you must use to fight interim maintenance cases  these judgments are handy.

Image result for interim maintenance

Smt. Mamta Jaiswal vs Rajesh Jaiswal 2000 (4) MPHT 457 spouse who is well qualified to get the service immediately with less efforts are not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose.

In Sanjay Bhardwaj & Ors. vs The State & Anr.  wherein while considering the provisions relating to maintenance under The Protection of Women from Domestic Violence Act, 2005 (D.V. Act) and other prevalent laws like Hindu Adoption and Maintenance Act, 1956; Hindu Marriage Act, 1956 and Section 125 of Criminal Procedure Code (Cr.P.C.), it was held that, “a husband is supposed to maintain his un- earning spouse out of the income which he earns. No law provides that a husband must maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell ask husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both claimed to be gainfully employed before marriage”.

In Sakarben Shambhubhai Rabari & vs Shambhubhai MasharubhaiRabari  while   fixing   the   quantum   of  maintenance,  the  Court  has to take  into  account  not   only   the   needs   of   person   who   claims  maintenance   but   also   the   capacity,   status,  commitments and the obligations of person who has  to pay it. If the husband has to maintain other persons   like   his parents, etc.   reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary   manner.   The   party   who   has   to   pay maintenance is also not to be virtually rendered a destitute. A fair balancing of all the relevant factors   is   to   be   done   by   the   Courts without making an emotional approach to the problem. The court shall have to keep in mind that what is to be provided is the

maintenance and it cannot have saving element in it nor is it the purpose of the legislature   to   put   the   claimant   in   a   luxurious position. The definition of maintenance given by the Act   makes   this   position   amply   clear.

The Hon’ble Supreme Court in Manish Jain Vs. Akanksha Jain held

The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, mould the claim for maintenance determining the quantum based on various factors brought before the Court.

By-: Advocate Nitish Banka

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