Maintenance file by wife

Put RCR decree in the court of 125 along with sec 125(4). As per the provisions of sec 125, she is not entitled to maintenance if she refuse the company of husband without any reasons.

1. Had she refused to take summons of your case which you had field for cohibat , It means there is endorsed that she had refused to accept the summons , she delebrately not attend the proceeding of sec. 9 of HMA it presumed by the court that she didn't want to defend her case she accepts all the charges which are imposed on her by her husband and on that ground court give ex- party decision in favour of you . 2. make highly objection in your ws that she is not leaving with you by her own you are ready to take her back and for that show your ex -party decree therefore she may not be granted any maintenance amount for her.

I have SC judgment and lot of High Court judgment  that clearly mentioned that No Maintenance from the date of decree of RCR in favour of husband.

I have SC judgment and lot of High Court judgment  that clearly mentioned that No Maintenance from the date of decree of RCR in favour of husband.

RCR is not so easy 2 get from such a wife. If she is living away from u WITHOUT ANY SUFFICIENT CAUSE, only then maint wil be denied. She wil say "he asks for dowry day in and ady out, thats why i am not living there"; then what wil u do? nobody here to prove that what is actual cause of her lving away, whether troublesom husband or troblesom wife?

Of course RCR in ur favor wil help u; but again very difficult 2 get

After expartee order there would be exparte proceeding and evidence. If in your evidence it has been recorded that she is living apart without any sufficient reason, it would be one of findings in the exparte judgment. If there is such finding in judgment/decree. Try following citations after searching them in concern journal.

 

 

In Exercise of civil court’s decree in favour of husband- Wife can not get maintenance if she refuses to live with him- Gita Kumar V/S Shiva Charan (Cr.L.J. 1975-page-137) ( Cr.L.J. 1974- page-373.)

 

If husband gets  decree of restoration of conjugal rights Under Sec- 9 of Hindu Marriage Act, wife can’t claim maintenance- (GUJ-Cr.L.J.-1982-page-2033), (Cr.L.J.-2001-page-4175.)

 

There is valid decree of Sec 9 Of HM Act in favour of husband- there could be no reasonable excuse for wife to live separately – In view of Sec 125(4) Cr.P.C.- wife not entitled for maintenance- UTT-NCC-2010(1)-389.

 

 

The Supreme Court has in a decision held that a woman who has deserted her husband and matrimonial home and refused to return despite repeated requests is not entitled to maintenance. It was held that the law of the land does not allow maintenance in cases where the wife has deserted the company of her husband and her matrimonial home.

In order to claim maintenance, in spite of living separately from the husband, the wife has to prove that she was being ill-treated by the husband or plausibly justify her reason to be staying away from the company of her husband. If she fails to do so, she is not entitled to maintenance from her husband.

You may also refer to the case of Bheeka Ram v. Goma Devi, wherein maintenance under section 125 CrPC was refused to the wife, and it was held that when it is found that the wife declines to live with husband without any just cause and there is no evidence of ill-treatment by the husband, wife is not entitled to maintenance. You can contest the maintenance petition on the ground that the wife has left along with the children on no reasonable grounds and as such should not be entitled to claim maintenance.

 

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com. -Regards, Advocate Pooja; www.lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com