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BJM_BJM_BJM (Service )     30 October 2010

Maintainence under section 125

Learned Members ,

Please Guide.

I filed Maintainence under section 125 Crpc in 2008 at that time I was unemployed.

My husband filed Written statement and tried all delay tactics thereafter taking full use of his army officer's tag.

In June 2009 I cleared Public Sevice Commission Exam and got employed .

I duly reported this to the court .

Expartie Maintainence proceedings started as he did not appeared in the court and court recognized his false pleas (On one ocassion he said he could not get leave where as his RTI from office showed that he was on leave ).

Cout ordered to pay him 8000pm from the date of order as he was earning 60000 and more +purks where as my salary is 20000pm.In this court orders describes the standards of parties.

My husband has gone to high court claiming that I am not entitled for maintainence under section 125 crpc.

Please let me know the rule postion that am I entitled for maintainence as per standard of my husband or not .Also guide how to bear high court expenses as he has filed so many cases all over India .It is getting monetarily tough for me to handle these cases.

Regads

jaibharti



Learning

 55 Replies


(Guest)

Hello Mrs. Jaiswal ur very much entitled to take maintenance u/s 125 CrPC and more over u can engage a lawyer who could plead on your behalf in high court but let the appeal of your husband b admitted first in the high court!than u need to engage a lawyer summons will be send to you by the high court before the appeal is admitted. And whosoever has said that u r not entitled for maintenance is completely stupidious thing and we have so many High Court Judgements which says that wife is entitled to maintenance according to the status of her husband so u need not to rely upon this rumours!!

2 Like

sibasish pattanayak (lawyer)     30 October 2010

hi mam,

u are very much entitle to get maintainence from ur HUBBY on the following grounds amongest others:-

a) u are very much come b4 the court of justice WITH CLEAN HAND,(AS u informed the LD. COURT B4 passing EXPARTE ODER THAT u rright now a  woking women)

b)if u go through the section 125 Cr.P.C as a whole then u can justify as to why u r entitle to get maint" from ur HUBBY.

C)so many judgements are in u favour, in the year 2008 HONOURABLE APPEX COURT PASSED A LAND MARK JUDGEMENT IN THIS REGARDS, a (D.B) OF  HONBLE APPEX COURT HEADED BY Dr,ARIJIT PASAYAT,J in CHATURBHUJ -VS- SITABAI CASE reported in 2008(2)scc316,    &    2008 AIR 530.   AND

many more judgements and grounds.

Regards,

Sibasish Pattanayak,Advocate.

kolkata,west bengal, 09874854594/09477090999/09433074402/09231668664.

e-mail: sibasish_adv@yahoo.co.in  & pattanayaksibasish@gmail.com

1 Like

sibasish pattanayak (lawyer)     30 October 2010

madam,

u never mentioned in ur colmn that in which state u belong and ur husband where filed so many cases against u & what type of relief actually he prayed for? IFs & buts  : A)both of u belongs to a same state but different district in that case u can file a TRANSFER PETITION B4 THE CONCERN HONOURABLE HIGH COURT,

B)both of u belongs to diffeent STATE IN THAT CASE u can file a transfer petition b4 the HONOURABLE SUPREME COURT. u should contact with an ADVOCATE.

regards

sibasish pattanayak,ADVOCATE.

1 Like

hedevil hydraheaded (non professional )     30 October 2010

 

Dear both Advocates,

 

Can you please post a few such judgments in the family forum? It would help readers in a big way. As well, please give full reference to the judgments based on which readers can google the relevant website to get access to these judgments.

Thanks

1 Like

hedevil hydraheaded (non professional )     30 October 2010

Found that the judgement referred by Sibashish is already posted in the family forum. Any other such judgments?

1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     30 October 2010

Dear Querist,

 

May I add to the opinion already put forth:

Wherever you reside, you may seek transfer of all such cases by filing Transfer Petition in the Hon'ble Supreme Court pending in jurisdictions of different States to a State where you are ordinarily residing now. As per my daily experience in the Hon'ble Supreme COurt, there is every likelihood that such prayers of yours would be allowed. And thereafter, you mau ask for consolidation of multiple cases so as to enable you to fight out the same.

 

Thanks & regards.

Rabin Majumder
Advocate & Attorney
For NuDelhiLawFora
At:
Ch. 91, Sh. AK Sen Chambers Block,
Supreme Court of India
New Delhi - 110001

1 Like

Avnish Kaur (Consultant)     31 October 2010

any children?

what is ur and his income after mandatory deuctions?

its difficult for u to get maintenance in present case more than rs5000 , or may be even zero amount.

which state u are in is also important.

Avnish Kaur (Consultant)     31 October 2010

u can get all cases tranferred to same city , and claim litigation expenses too.

1 Like

BJM_BJM_BJM (Service )     31 October 2010

Learned Members ,

After deductions my salary is 20000 p.m and if I exclude HRA it is 17900 where is my husband total salary is 78,000 and after deduction it stands 60,000 p.m. and they are entitled for free canteen and odeley service alsong with jeep facility etc.

My divorce case is reopened in Vishakaaptnam (Andra Pradesh)where my husband obtained ex-partie divorce decree by means of fraus played upon me .They send the summons on wrong address and did not even disclosed the same in my RCR case DV case for residential orders and maintainence case 125 crpc which were parrallely runing in Dehradun (Uttrakhand). In DV case they even admitted me as wife even after the divorce which they took so that Limitation period is curbed and I dont come to know about it . Anyways I request you tell me the fees for transfer petion in supreme court . i will be thankfull if I could be suggested with a good lawyer for supreme court .

Regards

Jaibharti

Avnish Kaur (Consultant)     31 October 2010

yes u may get some amount of maintenance. regarding charges see the pm  to get it done with least expenses.

sibasish pattanayak (lawyer)     05 November 2010

hi,

dr.b.j.majumder,

in my ealier 2 coments,expreesed my opinion, i m strongly DIS AGREE  WITH THE VIEWS OF LD.AVNIS KAUR, as i m not above the APPEX COURT IN OUR COUNTRY.

PL go ahead with confidence, u will win the case against ur HUSBAND( as per ur above stated case)

regards,

Sibasish pattanayak,Advocate,Kolkata,W.B.

2 Like

Avnish Kaur (Consultant)     05 November 2010

see MAintenance order below by delhi HC

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
  
   22.02.2007
  
  Present: Mr. Subhash Wason, Adv. for the petitioner.
  
  
   CM(M) No.276/2007
  
  
  
  1. Impugned order dated 29.1.2007 has dismissed the application
  filed by the wife under Section 24 of the Hindu Marriage Act.
  2. Reason for denial of any interim maintenance to the wife is that
  her gross monthly salary is Rs.15,304/-. As against the statutory rules where
  under general provident fund, deduction has to be 10% of the basic salary, the
  wife is voluntary contributing Rs.6,500/- per month under the General Provident
  Fund Scheme.
  3. Learned Judge has opined that the wife has enough means to
  sustain herself at the level of living to which she was accustomed to in her
  matrimonial house.
  4. It is urged before me that the income of the husband is nearly 3
  times than that of the wife.
  5. Law does not require to average out the income of the spouses
  and share the two in equal proportion. Law requires that the wife should
  be paid adequate interim
  Page 1 of 2
  maintenance. The test of adequacy is to give such money to the wife which would
  enable her to maintain a standard of living to which she was accustomed to in
  the matrimonial house.
  5. I note that no issues are born to the parties.
  6. I find no merit in the petition.
  7. Dismissed.
  
   February 22, 2007 PRADEEP NANDRAJOG, J.
  mm
 

hedevil hydraheaded (non professional )     05 November 2010

Dr. Bharati, there are judgement which would contradict this one. So start collecting such ones and pass on the file to your advocate. S/he will know how to put them to best use. You will get such judgement on some threads in this forum itself. 

hedevil hydraheaded (non professional )     05 November 2010

Sibashish ji, post some judgments so that it can help many readers who are in the similar situation as Dr. Bharti is in. 


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