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sanjay sharma (abc)     04 December 2009

My wife is Harreshing for maintainance pls help me

Dear all,

               from past 4 and half year my wife has gone by her self and now when i have file a section 9 conjugal rights case now she is deamnding maintanance she file a case of 125 (maintanance)of Rs 4,000. i am ready to keep my wife but she say to stay seperate from my parents my parents r old i can't leave them alone. from past 6 months the maintanance rule is past from the court of madhya pardesh and i file a case over here in mumbai and yet now i have not gone to the court  my wife give big big talk she will do like this that she is mentally harreshing me  i am ready to keep her but she is denying. i am jobless at the moment due to reccession and can't pay Rs 4000 so how to stop this maintanance or else i have to go jail ?? for how many months. pls help me




 10 Replies

H.D.Kumaravelu (Advocate)     04 December 2009


As a husband you are duty bound to maintain your wife. Since she is away from you on some grounds she has the right to claim maintainance. But you may inform the court about her intention not to join you and her intention is only for money. If you are not afodable to the amount ordered by the court you may inform the court of the same. The court will order for imprisonment which varied to the discretion of the presiding officer. After undergoing the imprisonment the entire maintanace amount due will be wiped of.

sanjay sharma (abc)     04 December 2009

yes sir ur right but i have not trash her she has gone by her self . after  going to jail will my all dues will be clear or i have to pay  all dues then only they will release me pls advice

Thnks sir

Khaleel Ahmed (Legal Advisor)     04 December 2009

You are advised hereby file a suit for restitution of conjugal rights through your local lawyer.

Deepak Mishra (Deputy Manager (Legal))     04 December 2009

Dear Sanjay,

                    Just on the big talk of your wife, you are anticipating so many things. an intention of sec 125 Cr P C is to alive dependent, but the court also see how the person is going to pay such amount. you can convinance the court that you are jobless and not in position to pay anything, of course the court shall consider your plea.

Further, you should file petition u/s 9 at local court for restitution of conjunal right, once it is accepted, the court shall direct your wife to live with you; and if your wife deny to live with you without any valid reason, the court shall proceed further according to law.


Adv. Deepak  

Hardik Mehta (Family Counsellor)     04 December 2009


If you are able to prove that your wife has deserted you without any reasonable cause or cruelty, then u/s 125(4) of CrPC the maintenance can be denied. You shoud ask your lawyer to see on this facts. Also if she is staying for more than 4.5 years without maintenance, then you should also point out this point.

1 Like

sanjay sharma (abc)     05 December 2009

yes i will try to proove this abt she deserted me but if i am not able to pay maintance then how many months jail is there or they will release me until  all dues r clear

sanjay sharma (abc)     05 December 2009

To mr kaheel ahmed ,

                                             yes i have already put section 9 conjugal rights case in mumbai. before she has put section 125 but now how my section 9 will help me ?? atleast now i have got some confidence b'coz of u'll good helping lawyers

Thanks all

God bless u all

Hardik Mehta (Family Counsellor)     10 December 2009


The court will not order the maintenance more than your limit, so dont worry. RCR will come to your rescue. If you have the child then you have to pay the maintenance to the child, otherwise the maintenance can be denied.

sanjay sharma (abc)     10 December 2009

yes Mr Mehta,

                       yet i have not gone to the court will they arrest me and put me in the jail if yes then for how many months or days or until the maintance is ful clear. pls tell me .

Thanking you

AVIJIT DAS (Lawyer)     12 December 2009

Dear sanjay,

                   I want to advice you give up your all mental stress, and the court would do for the utmost benefit of the innocent people and after filing of s.9 you dont file any divorce petition... otherwise your said petition will be infractuous... so hold on your soul and intention to restitute.

AVIJIT DAS    LAWYER     KOLKATA HIGH COURT   E-MAIL ID- and contact no. 09830292740.

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