Ipc 125 query

quantam of Maintenance will be granted on your prooved income. In 125 case just you fight that Wife living seperately without reasonable cause. If you prooved wife living without reasonable cause then NO MAINTENANCE. Refer sec 125(3) and 125(4). File RCR it may be helpful in 125 case also. search google and collect HC and SC judgements

Many thanks Manoj. I already have few of the positive judgements with me.

Cheers,

Dinesh

Hi,

You need to proove that she is having income. Else interim maintenance will be granted like 5,000 in ur case (10%) till case runs. ofcourse in india case runs 2 to 3 yrs...till then u need to pay her 5,000.

You are liable to maintain her. If she works, u need not pay. However, you need to proove that. Court believes only paper proof.

YOu said you have fled RCR, pl note everybody including some of the Advocates have misundeestanding that once RCR is filed, no maintenance is granted...this is a wrong understanding, whrn your wife lodged FIR u/s.498A, why you filed RCR...now that one thing you can do is that, you just file an application in s.125matter that you have already filed RCR and that you are ready to take with you for restn and call for her say....this will hv some impact, if she files her say that she is ready to cohabit,,,she will definitely put some impossible conditions...you reject the same, then first thing u withdraw your RCR and then file Divorce Petition....

the ingredient for dismissinfg 125 is that yr wife desr=erted you...

Anamika Vichare

Advocate Bandra Family Court

Purush Hakka Saurakshan Samittee

anamika_vichare@rediffmail.com

Thanks Raja and Anamika for your kind reply.

Anamika/Other Experts - I have filed RCR as per suggestions from few of the lawyers in order to get some relaxation in maintenance. She/her lawyer has already replied to first RCR notice. In the response there is no condition as such except for litigation charges and travel expenses. She is demanding around Rs.4000/- per trip to attend a Court trial as well as she want me to pay her lawyer’s fees of Rs.50,000/- for this case. She has not mentioned her willingness to return to marital house as of now in written. We are having next court date on 18^th Oct 2013. What would be your recommendations?

Thanks,

Dinesh

Dinesh -

Here are the words of wisdom -

1. In most of the maintenance cases, woman claim that she is jobless whereas she keep doing job here & there. Suggestion here is to engage a professional detective and check the same.

2. In your case, you would not have to pay any expenses if you prove that at any given point of time, she was drawing salary which was sufficient enough to support her lifestyle. As per High Court Judge Shiv Naryana Dhingra in one of the cases said  - 

I consider that while awarding maintenance to the wife, the trial court has lost sight of the basic in one of Basic ingredients of Section 24. Section 24 of HMA reads as follows: 24. Maintenance pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.

3. If lower court awards any maintenance to your wife then you can counter the same in high court based on the attached judgement.

4. My understanding is that you should not have filed RCR whereas you would have seek divorce based on mental cruelty. If she accept RCR and join you back then it would be pretty much challenging for you.

Mango

Thanks Mango. Appreciated your response and thoughts!

Kind Regards,
Dinesh

@ author if you win RCR case she will not get any maint. under CrPC125 HMA or HMAA

till marriage subsists.

regards ASHOK

Thanks Ashok - My lawyer is also saying the same thing and that was a reason I filed RCR. Lets hope for the positive outcome.

Cheers,

Dinesh

Hi Again,

As I mentioned in one of the above responses, in an answer given by wife to RCR notice, she is demanding Rs.4000/- for each trip including travel and lodging expenses, Rs.50,000/- towards her private lawyer fees and Rs.5000/- for other legal paper works. I am just wondering how much legally possible for an Indian wife to put such a huge and stupid demand in the Court process when husband is calling her back  to marital house :) 

My lawyer is saying that they are simply producing proofs against their cases by placing such a demands. In the Court it will be visible to all that the girl and her family members are doing all these rubbish just for a sake of money and it is going to be useful to my cases.

Note that I have filed RCR to my current City where actually our married life started and progressed. She is staying with her parents in a town which is around 350 KMs from my present city. So legally I am bounded to sponsor her each trip to my City during a Court trial.

However, I still wish to know experts thoughts on this matter if the demands placed by my wife are within legal brackets? i.e. Does she expecting too much? Am i responsible for paying fees to her private lawyer as well? Please let me know.

Thanks Again,

Dinesh

Hi Guys - Your response on above query will be highly appreciated!

Thanks,
Dinesh

RCR is a bad case to file with...........all sorrows, no advantage.

If u feel that u wil win RCR & she be denied maint on this ground, u r again wrong coz A CONTESTED SEC9 CASE RUNS FOR MANY MANY YRS. She gets sec24 maint too!

Thanks Rajiv. So what would be your recommendation. Shall I withdraw RCR or contest it now?

Kind Regards,
Dinesh

Hi All,

I am exploring various options in order to reduce monthly maintenance to my wife under IPC 125. As a part of this effort, I am just wondering if it will be helpful, logical and lawful  for me to increase my monthly PF in order to reduce monthly home takeaway salary . As per PF rules I can increase employee contribution towards my PF account maximum up to 88% of my basic salary. Note that rest of 12% of basic is already going to PF account by default. 

I want to know if it is as per law to increase employee contribution towards PF account while trial of maintenance cases are in progress? Will court consider my revised home takeaway salary while ordering monthly maintenance if I increase employee contribution towards my PF account starting from this month?

Please suggest.

Many Thanks,

Dinesh