Saptarshi Paul (Advocate) 19 May 2012

No maintenance & matrimonial dispute

Mrs X is a christina from Maharashtra. She got married under special marriage act.) She was friendly with Mr.Y for 5years then we got married. But suddently his niece was in touch with him,n he kept her and told Mrs X 2 leave the house .(2005) then she was staying at her parental house n filed a case against him under 125 cr p.c.(maintaince) in that the judgement was given. The order was to pay Rs.1000/- p.m. Mr Y went n filed stay on that n paid half amt. And Mrs X also filed a case of restitution of conjugal rights, in that pendent lite amt was ordered to him to pay for her. So in that he gave in writing to the court, that he is taking me home. From that time (2007) till today Mrs X in Mr Y’s house, but he left the house n Mrs X in June 2010. And this yearMrs X came to know that he is in Dubai. You can also see him on facebook.com , Mrs X have just in the month of march filed for her recovery amt Rs.12000/- for one year,but the notice is not served to him on the given address in maharstra,. Sir, can u help me or guide me,

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1 Replies

Tajobsindia (Senior Partner ) 19 May 2012

1. If there is a stay in S. 125 CrPC he is not bound to pay maint. awarded under S. 125 CrPC till stay is vacated. Moreover once he brings her back the case itself becomes infractions is my opinion. It should have been withdrawn once she returns back to matrimonial home.

2. Now for RCR case where civil maint. was awarded (you have not mentioned what was the amount under civil laws) and meanwhile he brings her back then where is the question of arrears for a simple reason some amount he already paid to get his S. 125 CrPC stayed and post it she files RCR where some civil maint. was also awarded but here you are sayign he brings her back so the periods she is with her + what he paid to get stay in quasi criminal maint. case will automatically get adjusted. Question of arrears payment for last 1 year to the tune of 12K will arise when she presses for adjustment and balance recovery by rasining a second demand and if she is not staying with him whereas she is staying in his house only thing he has gone to Dubai is what I see as stated by you.

If you can again put chronologically date/ month year of both cases and period since when award notification in respective cases announced (date/month/year) and amount from when stay granted and date/month/year he left here I may re-consider my above reply.

Others are open to comment on your query which frankly I did not understood probably.

Very very limited remedies available in such default scenarios for your client is my view.

Unfortunate maint. cases we see here. In my opinion for a Dubai bound husband such small maint. awards should have been paid instead of keeping it pending even if he is living there in Dubai in dormitory conditions which many un-skilled expats live-in to meet ends.