Anil Kumar (IT Professional) 30 November 2016

Section 24 rule

Dear Experts,

Do you kindly provide me the Supreme Court Judgements or Allahabad High Court Judgements/Orders where "Interim Maintenance" and "Alimony" has been denied to wife on the following grounds:

"curelty"
"desertion"
"Cheating/Fraud/Falsity/Contradictions in Petiton / Telling the lie to the Court by way of Affidavit"

On what grounds the Court will reject Maintenance to wife in 'u/s-24 of HMA-1955', 'CrPC-125' & 'u/s-23(2) of PWDVA-2005'?

Can a Family Court pass the Maintenance u/s-24 without argument on petition?

If a divorcee woman proceeded for section 25 (permanent alimony) in family court then is it possible to her or is any law/rule that she can file for litigation expenses i.e. file u/s-24 for maintenance pendelite & litigation expenses? If yes, What is the legal possibility for me to dismiss her petition.

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3 Replies

bharath.h11 (Insurance) 30 November 2016

Anil,

https://indiankanoon.org/search/?formInput=125%20crpc+doctypes:allahabad

Refer the above link, there are several judgements given on Sec.125 CrPC is available. From the list of jusgements, you have to find the judgements where maintenance was denied to wife.

Mostly, Sec.125 CrPC based judgements are usually order maintenance from the date of petition with litigation expenses.

There are 4 possible ways for a Maintenance petition to be dismissed (as far as i know):

1. Wife is already working or have sufficient income to maintain herself

2. Wife lives in adultery

3. Husband and Wife living seperately by mutual consent

4. No credible reason for seperation

Most of the cases falls under 4th category. But, it's very hard to prove "No Credible reason" for your wife's seperation without proper evidence. One way is to prove all the allegations against you (like cruelty, etc) in your wife's petition is false. So, the petition becomes "seperation for no reason".

Sometimes, even if your wife seeking seperation for no reason, judge may grant maintenance based on Sec 125(1) CrPC which enfores husbands bound to maintain his wife without any conditions.

Refer Sec.125(4) CrPC is somewhat useful to releive husband from maintenance but usually, judges gives Sec.125(1) more value than Sec.125(4).

Refer https://indiankanoon.org/doc/1056396/ for Sec.125 CrPC

Anil Kumar (IT Professional) 01 December 2016

@ Dear bharath.h11

Thankyou for your guidence. I will help me a lot.

Still my situation create a consusion for many peoples. Actually I get RCR first in my favor and then get the Divorce and in both case my wife not constested the case besides knowing about very well the consequences. Means she silently accept all the allegation leveled by me. She knows very well that the Law is biased and in her favor whatever the situation.

At present I am unable to nail her in Cr.PC 340 or IPC 195, 420 etc. and the Court has not listen me or consider my facts as so many flaws in her petition, story and factual positions. All the circumstances in my favor but unfortunately I am legally bound to "Maintain her" and pay her "Legallay Extorted Money in way of Maintenance"

I want to fight against this law but helpless. No justice for me as a husband.