LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul (Tele Caller)     06 May 2010

Maintanance Sce 24

Respected Members,

My friend fille the divorece case agst his wife on Sec 13(1) under cruelty. After recieving the notice his wife fille a case in CAW cell & apart from it she fille a case for maintanance U/s24. My friend attend only one or two hearins in CAW cell. but after that his advocate said don't worry about it and not attend any date in caw. In the mean time she appear in court and said she want to live with her husband besides that she said in CAW cell that she don't wanna live with him. And on same time shea said if my frnd give 8,00,00/- to her then she go for mutuall (one time settelment ) divorce.

But in the post court date meeting she said she don't wanna give divorce at any cost. seh want to put my frnd and his family behind the bar in 498A case which is pending in CAW cell.

In the mean time court set 5000 P.M. to her maintanance. is this applicable for whole life or it can be wave if she done second marriage after divorce.

Please suggest., How my frnd put this amount as minimise as he can.

 



Learning

 7 Replies

Parth Chandra (none)     06 May 2010

The maintainace is applicable till your friend's wife is living and not married to another person.

You can show the contradictory statements to the other courts to suggest that her intentions are bad.

Rahul (Tele Caller)     06 May 2010

but sir how can he prove that se given contradictory statements to the other courts to suggest that her intentions are bad. if she have second marriage then this maint. will end or continue till she can alive.

Is there any way to avoid this or minimise this.


(Guest)

these are minor points which need to be utilised by ur lawyer to show that she is wrong and a cheater. take best advantage of contradictory statements


(Guest)

1. Is she earning ? If yes then she is not eleigible for interim maint.
2. Take certified copies of all her contradictory statements and tallying with her w/s to your friends divorce suit file a S. 340 CrPC /w 191, 193 n 196 IPC affidavit and plead for disposing this application first before matters proceed further. Are issues framed?
3. In future ask your frind to carry electronic recording devise to record her audios of contradictory sayings. It could be used as evidence. BTW not all contradictory statement could pass test of S. 340 CrPC so discuss this aspect with advocate on record.
4. Till case is there (means till dismissed as withdrawn) she will get this interim maintenance. If the case is not strong better to withdraw and post withdrawal send some money regulalrly to her by hand written MO. Let her refuse for some time and then act accordingly. (This answers your que. on minimisin maint. claims of her)
Rgds
 

valentine (Advocate)     07 May 2010

Can the proceedings be recorded by a secret device in the court?


(Guest)

recording court proccedings is a crime, record it n go behind bars

Mona Langayan (Learner)     08 May 2010

I totally agree to ss ... But it is different from maintenace under Section 125 Cr. PC. which is upto life time or till the wife does not remarry ... but in section 24 the maintenance applies upto the pendency of main case only


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query