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Chirag   22 December 2015

Sec 125crpc by wife

I am married for past 3 yrs and we have a 1.5 yrs old kid,wife left me and my family due to petty issue,nothin related to abuse otr torture as such.....we had several meeting with family and we even had counselling done by family court ,but they failed to make her parents understand ....now my court hearing will start from 1st jan2016...

My question is i m reasdy to accept her and can take a rented house and start my living ,,,but they are asking for a empty flat which belongs to my parents for which i hve denied as i m dnt wnt to fulfill thier demands....

If i am ready to accept her and make her live me on rented flat can they still fight for maintance or for arrears for 1 yr.... I hve few lakhs as saving and mutual fund which are my savings...can they count that in maintance or jus my salary slip....My wife is Mcom but not working ,if she is educated can she still get Maintanance.Please advice as how to approach n fight....



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 December 2015

If she refused to join in your matrimonial life, show the proves to that extent so she cannot claim maintenance. 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     27 December 2015

1) You may ultimately have to file RCR inviting her, failing which the onus otherwise to prove falls on her.

 

2) The reconciliation before elders and in family court for restitution itself is sufficient proof and her non-compliance itself vitiates her claim of alimony.

 

3) Her simple educations is not the criteria but her means of earning to decide the extent of alimony.

Chirag   28 December 2015

Her parents come from well money background.....i am ready to accept her and buy a house on rent which she has refused.....

I have read somewhere that a qualifed Mcom wife cannot sit at home idle....jus for the sake of maintanance ....will the judge hear on this

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     28 December 2015

1) Cannot force to take up employment as the estranged wife may take various pleas.

 

2) Even a working wife is entitled to maintenance from her estranged husband irrespective of differences in their earnings.

Born Fighter (xxx)     28 December 2015

There are many HC Judgements where maintenance is denied to well educated and capable to earn wife. 

However MCOM alone is not a sufficient ground to deny maintenance, unless she is also working or has deliberately left job to claim maintenance from husband. If the wife is working and earning sufficient to maintain herself then she cannot claim maintenance.


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