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M. MURALI (OFFICER)     25 October 2012

Is maintenance to be paid

MY BROTHER'S WIFE HAS FILED 498-A AGAINST MY BROTHER.  SHE IS HOLDING A PROFESSIONAL POST GRADUATE (M. TECH) AND IS PRESENTLY WORKING AS FACULTY.  MY BROTHER HAS A FOUR YEAR OLD SON WHO IS ALSO STAYING WITH HIS MOTHER.  PRESENLTY SHE IS WORKING AS A FACULTY. UNDER THIS CIRCUMSTANCES WHETHER SHE IS ELIGIBLE FOR MAINTENANCE.  MY BROTHER IS STAYING RENTED ACCOMIDATION AND HAVING FOOD IN HOTEL SINCE HIS WIFE DESERTED MY BROTHER.  EVEN NOW MY BROTHER IS READY TO TAKE HER BACK. 

FURTHER MY BROTHER'S IS TAKING CARE OF MY OLD AGE PARENTS EXPENSES .  UNDER THIS CIRCUMSTANCE   PLEASE LET ME KNOW MY BROTHER WIFE IS ELIGIBLE FOR MAINTENANCE.

MURALI.M

9716745199



Learning

 11 Replies

Tajobsindia (Senior Partner )     26 October 2012

The query smells of “disowning” r/w wife left the child with husband and husband gave the child to his mother to look after and fearing complaint cases got himself disowned!

Nevertheless if she is highly qualified and earning income then she is not eligible for maintenance. Dig old post of this month you will stumble upon various SC / HC discussions on well qualified / earning wife not getting maintenance logics.  

A.SUMATHY 9380902017 (LAWYER)     26 October 2012

Your brother's wife not eligible for maintenance. but your brother's son is eligible for maintenance.

498A is dowry harassment case not maintenance case.

stanley (Freedom)     26 October 2012

I agree to Tajobs advise but disagree to Sumathy .

 

Reason being when child is with husband and he is taking care of the son how can the wife claim maintanence for the son .That would only happen when a custody battle starts and wife is handed over custody of the son .

Pradeep (None)     26 October 2012

Hi Murali,

I did tried to call you on ur number but nobody picked up the call.

I am not completely aware of your case details. But justmy answer is below for your question:

If you have sufficient grounds to prove that she is working and having an income source then maintainance will not be granted.

If you know where she is working you can approach concerned PF office for getting the PF details, under RTI, to substantiate your claim.

CIC has already ruled that regional PF office SHOULD disclose PF details in these type of case.

Also file "perjury" under section 195 (not exactly sure of section no. but you can check further.) to counter her maintainance claim when having a proper income to take care of necessities.


This is a very very very effective tool which i have personally used in my case and won over successfully without paying a single paise.


(Guest)

Hi Pradeep, Can husband seek such infomation through RTI if no cases has been filed yet (just for his information)?

stanley (Freedom)     26 October 2012

@ 498 A ..if it is a Government related orginasation he can seek it through RTI . Else when the case starts you can summon the principal of the college or through CRPC 91 call for the documents .


(Guest)

But PF is a personal data and with the help of this information anybody can get to know the salary details and thus create issues.

Why would they serve such an RTI with no case filed. By the way I have sent you a PM. PLease reply there.

Pradeep (None)     26 October 2012

I have replied to your PM. As said in that details are given when there is a case and your ability to lead a normal and dignified life is in stake.

In your case, to be frank, its not possible as PF office has the right to ask you to furnish case details. So its upto you to handle or manage them so that you would be prepared for any eventuality.


(Guest)

So I am getting contradictory replies here :-)

Stanley says that one can get such data without any case being filed and you denied :-/


(Guest)
It is a private organization in which she works.

sri (ceo)     26 October 2012

it depends upon many things about her being destitute while being rich and working...

you need to prove that she is working and can live comfortably...

if your salary is more than hers then you need to pay maintenance...

wait for the judge to decide...


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