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Brachy   16 September 2016

Maitenance hma 24

Dear experts - I am fighting divorce(highly contested) and dowry harassment case.  Maintenance has been awarded to the lady in the past. Now she has filed for enhancing the maintenace stating she is not employed anymore.  Need your advice on the following-

1. Can unreported judgements in various courts across India be used as citiation to counter the enhancement of maintenance application

2. Are there any reported citations to emphaise the point that interim maintenance to be stopped after paying for a certain period(not till the disposal of the case) and the lady should seek a job for her living and not live like a parasite on the husband when they are engaged in bitter litigation.

 



 16 Replies

saravanan s (legal advisor)     16 September 2016

interim maintenance needs to be given till the case is decided by the court.if she is highly qualified and not working you can put forth your arguments before the court

Sachin (N.A)     16 September 2016

Yes, there are many judgements which may help you.

I  am giving you some lines of them you can  search then in google

 

1. Previous working wife not entitled for maintenance

2. Wife who left  the job on her own is not entitled for maintenance

3. If wife has no job which is pemanent  in nature husband also dont have because only govt employees or MANREGA employees come under this category

4. Wife will get maintenance only for one year and she have to find a job under this period.

5. Provision of maintenance is for the spouse who is unable to earn and not for unemployed spouse

 

Hope it helps;)

marriage matters. (SOLVE MARIIAGE PROBLEMS LEGALLY .registerlove9@gmail.com)     16 September 2016

None of the situations exisa now as suggested by SACHIN above.

Wife as a right to get maintenance  whether working or not.

You shoeld fight the case on technical issues which are many.

sai narayana   16 September 2016

Why did she left the job is the point here on which your fate depends.

Sachin (N.A)     16 September 2016

@marriage matters

why don't you tell the section in which it is written that working wife is eligible to get the maintenance.

As per various judgements spouse who is unable to earn is entitled to get the maintenance.

Sachin (N.A)     16 September 2016

@marriage matters

Kindlly explain what do you mean technical issues. Which are many so why don't you explain some of them????

Sachin (N.A)     16 September 2016

Delhi sessions court asks woman to find job within a year, grants maintenance

https://zeenews.india.com/ Last Updated: Sunday, March 15, 2015 - 10:23

 

New Delhi: A woman has been granted monthly maintenance of Rs 10,000 for a year only from her estranged husband by a Delhi court which directed the educated lady to look for a job during this period to start an independent life.

"The woman shall during the period of one year look for a job and start an independent life. After the conclusion of one year, respondent (husband) shall not pay the maintenance of woman," Additional Sessions Judge Anuradha Shukla Bhardwaj said.

"The appellant will have to take up some work sooner or later, she being an educated woman having earlier work experience," the court said, adding "this maintenance, however, cannot be perpetual as argued by the counsel for the respondent (man).

sai narayana   16 September 2016

These are very rare judgments and too in Crpc 125 where as S24 is a pendent lite so there can't be such time expiry (limited time) for order.

Technical issues means Merits of the case means the circumstances behind which she left the employment.

b.goheel   16 September 2016

Wife will get maintenance only for one year and she have to find a job under this period. - is it not true that wife gets interim maint. till last judgement.

Sachin (N.A)     16 September 2016

Originally posted by : b.goheel
Wife will get maintenance only for one year and she have to find a job under this period. - is it not true that wife gets interim maint. till last judgement.

Dear Mr. B.goheel

For this type of unusual judgements one has to defend / represent the case very carefully and must be prepared to go to appeal court.

 

In my personal case court ordered me to pay 15000  to my wife as maintenance and 15000 for my daughter as interim maintenance.

I challanged this in court of session on various grounds like perjury / her capacity to earn / she is not earning willfully/leaving the house without any justified reason.

And My appeal succeeded and court set aside the judement of MM court and ordered no maintenance to wife and 7500 maintenance for child  and also granted visitation rights to meet child.

So, all dependes how you represent your case.

Sachin (N.A)     16 September 2016

Originally posted by : sai narayana
These are very rare judgments and too in Crpc 125 where as S24 is a pendent lite so there can't be such time expiry (limited time) for order.

Technical issues means Merits of the case means the circumstances behind which she left the employment.

You are right because Section 24 already has a timelimit. But i think if someone wants to bypass the section 24 one should be ready to appeal in the appeallate court.

Sachin (N.A)     16 September 2016

So, I suggest every one 

1. if you want to linger on the case hire a junior lawyer for that

2. if you want to decide the case in your favour hire an very expert lawyer for this ( obviusly it will be expensive)

3. BEST OPTION REPRESENT YOUR SELF AS PARTY IN PERSON

I did all this while appearing as party in person

sai narayana   16 September 2016

Dear Sachin

I too want to defend my S24 with the same grounds you quoted

I challanged this in court of session on various grounds like perjury / her capacity to earn / she is not earning willfully/leaving the house without any justified reason.

But my lawyer is not cooperating for filing perjury, his version is "Do you want to send your legally wedded wife to jail" and another blatant statement is "In my 30 years career i never filed perjury" and if i insists he will say "You are supposed to do what i am saying and I am not supposed to do what you are saying bcoz i am a senior lawyer and not a junior lawyer". I am vexed with him, so i want to represent as party-in-person. Did you submitted those in written arguments in S24 or Crpc 125? Can you share the file through pm please.

Thanks in advance.

Sachin (N.A)     16 September 2016

Originally posted by : sai narayana
Dear Sachin

I too want to defend my S24 with the same grounds you quoted


But my lawyer is not cooperating for filing perjury, his version is "Do you want to send your legally wedded wife to jail" and another blatant statement is "In my 30 years career i never filed perjury" and if i insists he will say "You are supposed to do what i am saying and I am not supposed to do what you are saying bcoz i am a senior lawyer and not a junior lawyer". I am vexed with him, so i want to represent as party-in-person. Did you submitted those in written arguments in S24 or Crpc 125? Can you share the file through pm please.

Thanks in advance.

 

Dear friend

 

I was not facing any case of 125 crpc i was facing cases of Section 24 and DV act.

You rightly said that lawyer did support in filing perjury against the wife because all lawyer said it is routine that court granted maintenance to wife and all wife lies for interim maintenance . That was the one of the reason i decided to represent my self. 

I in person argued in the court of MM during DV proceedings and court rejected all my pleadings than i file an application of perjury also court rejected to accept that applicaton also by saying i will not accept any premature application first priority of the court is to give miniority relief to wife .

 

I callanged this in session court on the ground that" Priority of the court should be granting relief to the wife or doing justice.. My application never said that to decide the application immediately it only says my wife lied in her petition and application is only like informing the court" and then session court ordered the trial court to accept application"

Even after that court order me to pay maintenance and after that i agian appeal in court of session for no maintenance for wife and half of the maintenance of the child to be paid by mother / wife. 

 


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