maintenance in case of restoration of conjugal right

Manish, I think it would have helped you if you had filed a case of restitution of conjugal rights under S.9 of HMA before your wife filed her case. But neverthe less you can file a case for RCR even now, but you need not to pay her maintenance under this. Here, court will order your wife to live in her matrimonial home. In case she files a case for maintenance or under DVAct, you may have to pay maintenance to her.

Mr. Manish,

Ordinarily a wife is entitled to maintenance only when she is in the matrimonial home under her husband's protection. If she withdraws herself wilfully from the husband's house and defaults in her wifely duties her claim to maintenance becomes suspended. If there is a justifiable ground, she can claim maintenance while in separate residence. The justifiying grounds are 1)Husband's desertion, (2) Husband's cruelty.

Mr.Ramachary,

You said "justifying grounds"  which indicates that the desertion and cruelty is established.

In Mr.Maneesh's example, how to stop the court from awarding maintenance till the cruelty is established.

Please elaborate for the benefit of Mr.Mnisheef and people like him.

Thanks and regards

 

hi manish

this is with regard to your question,ur question is not clear to me, whether ur wife has filed divorce petition in family court and has she filed any maintainance petition also with divorce petition, when is ur marriage cermony has been performed?

A wife can file a case against husband (and vice versa) for maintenance allowance under section 125 CRPC or under the recent Domestic Violence Act or under section 498(A) of IPC. All these sections mainly favour the wife. For avoiding payment of maintenance alowance to wife, husband has to prove :

1) That he has not deserted here and she has left the house on her own sweet will

2) There is no cruelty involve. Cruelty can be physical as well as mental. Verbal abuse/abusive treatment, taunting etc. amount to cruelty

3) That the wife is living in adultery. This is the best ground for divorce as well as non-payment of maintenance.

Valentine,advocate

Mr/Ms.Valentine

Pls get your basics right. Donot mislead people,if you are not sure. Posted here for your ready reference..

"125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) His father or mother, unable to maintain himself or herself,"

your comments please !!!

Manish ji, you have to file RCR immediately to save your marriage life.

Rest while RCR will be pending, then court will direct the wife to join you else no maintenance.

Regards

adv.kamal.grover@gmail.com

Mr. Kamal

If hubby files RCR while there is an on-going 498a, and if the wife agrees to join the matrimonial home, what would happen to the 498a.

Dream,

Howcan a wife agree to go to her matrimonial home after she has filed cases on dowry, attempt to murder and under DV Act? :)

Even if the cases are frivoulous, and if she agrees to go to her matrimonial home, the case under S498A has to be carried on, as the case is not withdrawn by her.

Dream,

How can a wife agree to go to her matrimonial home after she has filed cases on dowry, attempt to murder and under DV Act? :)

Even if the filed cases are frivoulous, and if she agrees to go to her matrimonial home, the case under S498A has to be carried on, as the case is not withdrawn by her.

498A will continue but when she will accept to join your company you can put your condition to withdraw the false complaint and in future she will not act like that. Moreover if the court even then allowed the application then the maximum is you have to provide her a seprate place to live and nothing else and may be with the passage of time the problem sort out.

Regards

adv.kamal.grover@gmail.com

Normaly a  wife is entitled to maintenance only when she is in the matrimonial home under her husband's protection. If she withdraws herself wilfully from the husband's house and defaults in her wifely duties her claim to maintenance becomes suspended.

MANISH,

IF YOU FILE RESTITUTION OF CONJUGAL RIGHTS APPLICATION AGAINST YOUR WIFE,IF SHE APPEARS IN SAID MATTER AND FILED INTERIUM MAINTENANCE APPLICATION, COURT WILL FIRST DECIDE INTERUM MAINTENANCE APPLICATION,JUNOURALLY COURTS ARE ALLOWING INTERIUM MAINTENACE,BUT IF YOU SUCEED IN SAID MATTER  YOUR WIFE IS NOT ENTITLE FOR MAINTENANCE.

Yes, you can file a case of RCR against her. This will certainly help you.