anonymous (-) 08 July 2014

Maintenance

respected experts, My husband and me along with our kid 8yrs old stayed abroad till sep,2012. Then he resigned his job and brought us back to india and asked me to stay at my parents house. In between he filed RCR and forced me to stay at inlaws house, but fearing my life(my inlaws have harassed me many times in past) I did not go and asked him to find job and take us. But he refused, also he did not give any money for maintenance or school. He has one flat which gives monthly rent, which I am getting as my father spent around 3.5 lakhs on the flat for furnishing, which my husband has not repaid. Suddenly in 2013 nov, he got a job and left abroad and refused to take us. He is not giving any money for education of my daughter and food and clothes. He has taken away all our clothes which we had while abroad. now I want to claim maintenance, how much can I ask. my daughter is studying in good school and is very good and many activities. so now I spend a good amount on her education and I don't have any money of my own. I use the rent and rest my father pays me. so what is the maintenance I can claim. I think he earns pretty decent salary abroad.

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4 Replies

Tajobsindia (Senior Partner ) 08 July 2014

You have following remedies available;

1. Seek divorce from him. Reason: He deserted you, he is not interested in you nor in his child for no reason and rhyme.

2. Seek maintenance for yourself (if you are not qualified and not working/worked before) and for the child. Reason: You have meager rent for survival and child is in good school and not much money in hand for continuing lifestyle that you and child were used to.

3. Right to residence. Reason: You and child are destitute in eyes of Law.

4. File DV Complaint against In Laws.Reason: For a foreign returned DIL in-Laws are misbehaved persons.

5. How much you can claim que.; the draft reply is MOON is the limit. Reason: From your brief you tell me when you stayed with him overseas you say you never knew his earning so it is again drafters natural response while drafting a suit plain matter for you that when your husband came to India you again didnot knew how much he earns and lastly when he left for overseas it is but natural to tell ld. Judge via your petition that I still donot know how much my husband earns ! In my opinion ld. Judge will use his discretion, donot worry there are others too in same category like you and you are not alone who after spending ages with their husband still donot know how much husband earns.

All the best. [if it helps THE cause]

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 08 July 2014

You might be a matrimonial dispute woman.

great india (manager) 08 July 2014

Suddenly there has passed a wave of calmness in india...... Now less no. Of queries on matrimony are observed in this forum..... The amendment in 41 crpc indeed is a boon to matrimonial disputes in which in laws were in receiving end by mischievous wifes. Now dv cases would be swampy all over corridors of courts...... Sigh of relief......huh...... I guess disputes would end peace fully to some extent now onwards...... Just felt like sharing...... The query above was already answered by experts....

Adv. Chandrasekhar (Advocate) 09 July 2014

I suggest Section 125 cr.p.c. petition. You give as much information about his employment, designation, the name of the company etc. along with his immovable property here in your petition. Similarly your expenses and child's expenses also be mentioned. If he does not turn up the court will grant ex-parte maintenance order from the date of application. It will be betweeen 1/3rd ot 1/2 of his earnings. But, if he is working in dollar, pound country, that courts will not convert that amount into indian currency and award 1/3rd of it, for the reason that cost of living there also high. But keeping your status, the courts will grant good part of that amount so that you need not to be burden on your father after he spent lavishly in marriage to get this son-in-law who hops in and out of country with a fond false hope that you and your child would be good taken care of.