my bros wife stayed only 4 mothns after the marraige and deserted him, after loosing all hopes he filed for divorce
and now she is asking for interim maintenence......... will it be considered...??
sibasish pattanayak (lawyer) 20 September 2012
IN reply to your qs i beg to opine that as a legally married wife she is entitle to file maintenance from your brother, the conjugal life may be 4 months, but SHE HAS TO PROVE THAT SHE HAS NO SOURCE OF INCOME / SHE IS UNABLE TO EARN / SHE IS LESS QUALIFIED THAN YOUR BROTHER / SHE LOST HER JOB & INCOME DUE TO YOUR BROTHER / SHE IS WILLING TO LEAD CONJUGAL LIFE WITH YOUR BROTHER ON THE OTHER HAND YOUR BROTHER NOT INTERESTED TO LEAD CONJUGAL LIFE WITH HER etc...........etc....... some othe qs to be answere by her if your brothers Lawyer raised during the course of interim hearing.
better uconsult with your lawyer and he / she is the best person to guide u at per after perusing the papers and documents as provided by you.
SIBASISH PATTANAYAK, ADVOCATE
Ranee....... (NA) 20 September 2012
Yes.No if she has income and if she has deserted your brother without any reasonable cause.
HK_Jain... (498a Fighter) 21 September 2012
the answer is yes
Prashant Ghai (Advocate) (PrashantGhai.com) 21 September 2012
Well, if she has "deserted" her husband, which means that she left him without any sufficient cause/reason, she is NOT entitled to any kind of maintenance from her husband.
So in order to get maintenance, she would have to proove why she left him and satisfy the court regarding the sufficient cause. Whereas, the husband needs to proove her desertion to avoid giving any maintenance.
Dimple Shah (prop) 21 September 2012
Thank you all so much for the answers.
With regard to her desertion, only circumstancial evidence is obvious. even though, it cannot be confirmed if she says that my brother dumped her.......
She used to work before marraige, Now she completed her other MBA course recently..... She used to file IT returns... Now she says she has no source of income........... Seems like she more sort of avoiding taking up a Job because of interim maintenence application.....
As per your details its seems your Bhabhi willing to tease you So she demand maintenance to your brother. She has not filed RCR its prove her intension she is not willing to live with your brother.
Normally court support woman in such matter and fixed maintenance.
But various citations available where HC confirm that well qualfied wife can't get maintenance if she is well to earn high salary by her qualification.
Dimple Shah (prop) 22 September 2012
Thanks Mr. prajapati,
What is RCR...?
she says she is willing to get back after we filed the divorce case, We donot know her intensions......
My bro has lost all confidence with her...... Looks impossible to carry on peaceful life with her......