Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 12 September 2012

Maintenance

Dear Experts,

My friends wife had left more than 2 years ago without any reasonable cause.They had 2nd marraige my friend is widower and his second wife was divorcee.The main issue is adoption of child of her second wife.She was cruel to my friend and his child also and now deserted 2 years ago.

My friend is thinking to file the case on d ground of cruelty and desertion as they are not talking to them ,he has many proofs also like efforts of rec-conciliation through her relatives, emails, sms requesteding re-conciliation etc.

The quesry is will he has to pay maintnance immediately although she is having Rs.20 lac in her bank account (on which interest comes to her) which she had taken from first husband during divorce and she is earning salary around Rs.20,000 per month (she stays with her parents) and husband is earning around 1,50,000 per month but he is innocent and is still ready to take her back.Will he has to make payment of maintenance although he is innocent or is there any way to avoid payment to such a lady who remained cruel all d time and now left due to her adamant nature.

Please advise.

Kind regards

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3 Replies

stanley (Freedom) 12 September 2012

1. if your friend can prove that she has deserted him than no maintanence .

2. if child is with the father than she cannot even claim maintanence for the child

3. If your friend can prove that his wife has sufficient means to maintain herself /working and is having other sources of income than once again no maintanence .

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 12 September 2012

Dear Sir,

Thanks for the quick response.

1. if your friend can prove that she has deserted him than no maintanence .

She had left more than 2 years ago and he kept on sending mails, sms from the next day, one of the mails she herself admitted that she has quitted and will not come back soon and that she has started working somewhere.She had got her child admitted in other shcool near her parents house so that proof can be made available.He went at there residence with her relatives, they all now.

What else will be required to prove desertion ?

2. if child is with the father than she cannot even claim maintanence for the child

Since both have got second marriage my friend was widower with one child and she was divorcee with one child , both are having their own childs with them. She got abotions done during the subsistence of marriage.

3. If your friend can prove that his wife has sufficient means to maintain herself /working and is having other sources of income than once again no maintanence .

Rs.20 lac in her FDR's can be proved as he has got 5 year old court order of her last divorce in which it was mentioned and the same was kept in FDR of 10 years.She has good interest income.She stays in her parents house who have 2 own houses and good income from rent, interest and pensions.His only unmarried brother is also working in a good position.

Regarding her current job he knows where is working and in one of her mails after desertion she admitted that she is working but no clear proof is there like salary slip, appointment letter etc.

Please advise what else is required to avoid maintenance as once they got maintenance case will be lenthty.

tx and regards

Prashant Ghai (Advocate) (PrashantGhai.com) 13 September 2012

Since your friend knows where she is working, he can state that in front of the court and an order can be passed for the company to provide the court with her salary slips. From the facts, she is working and drawing good salary (this fact alone is good enough) coupled with the fact that she is staying with her parents (no responsibility of paying rent or anything like that) and that she is also getting money from the FDs. All these combined would be enough to deny her any kind of maintenance.