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Vijaymbhave (It Developer)     12 July 2010

Stay on 125

I want some judgements of High Cout or supreme court to obtain stay on 125 if another maintannce case is ongoing?

 

Vijay



Learning

 16 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 July 2010

If another maintainance case is under Hindu Adoption and Maintainance Act or HMA or DV Act then there is no question of stay on s.125 case bcoz all these cases can run simultaneously.

Munirathnam (Scientist)     14 July 2010

Dear Archana Madam,

 

Wife richer than husband and this wife filed maintenacne case U/s 125 CrPC. Is it maintainable in law? 

Adv Archana Deshmukh (Practicing Advocate)     14 July 2010

If the wife is able to maintain herself then, an application u/s.125 crpc is not at all maintainable, but Mr. Munirathnam a wife filing an application u/s.125 will always show that she is unable to maintain herself. In such a situation the husband should always file proof of the fact that she is earning and is easily able to maintain herself.

Munirathnam (Scientist)     14 July 2010

Dear Madam,

 

Wife admitted in CrPC-125 petition that she is owner of Rs.40,00,000/- worth agriculture land and 800 grams of gold. Whereas husabnd did not have any property.

Husband asked court to direct the wife to submit her land records to get income details from that land being she did not reveal income from the land on which her family lived so far. No action taken by the court and granted Rs.5K as interim maintenance.

Also husband submitted wife educational, working experience, earning details etc. Still granted maintenacne. Order copy is not yet ready and is pending since 2 months.

Means court ordered to pay maintenance 5K without order. Husband got information via A register in the court office section room.

Adv Archana Deshmukh (Practicing Advocate)     14 July 2010

File a revision in the sessions court against the said decision.

Siv (engineer)     26 July 2010

Dear Archana Madam,

 

is it true that eventhough wife is richer than husband, husband has to pay maintenacne to wife as per CrPC-125 section ...?

 

is it true?

 

I believe as per CrPC-125[1][a] if wife is not able to maintain herself only husband need to maintain her... please corect me if I am wrong.

Adv Archana Deshmukh (Practicing Advocate)     26 July 2010

Absolutely right, if the wife is able to maintain herself she is not entitled to get maintainance from the husband u/s.125.


(Guest)

@ Muniratnam

A Order is first open announced in Court then signed sitting at the Hon'ble Chair and not in his / her Chamber same day it is openly announced in Court. If you say it has been 2 months and you have not received copy of the Order then in less than 7 days after announcement of the Order one should have done file inspection. If file from last 2 months still in Lordship / Ladyship Chamber then "biasness read with serious prejudice to self" Application before Sessions COurt should have been filed. I feel these proedures approach missing from your say, kindly advise on them first.


@ Ms. Archana

All your replies to this post are correct but kindly guess why Mr Muniratnam wife got 5 K maint. and for a second let us not go through the non mentioned facts so to speak,


I feel it might be litigation cost since Order copy not handy and there is no mention in brief if from last 2 months Mr Muniratnam paying that award or not so guessing which may be too early a guess and I stands to further corrction.

Rgds.

Siv (engineer)     27 July 2010

Dear Arun Sir,

 

Thank you for your reply. In my CrPC-125 case,

 

Wife status is as described below:

  1. Owner of worth of Rs.40,00,000/- agriculture land,
  2. Owner of 800 grams of gold,
  3. Spendin Rs.4,00,000/- for her Post Graduation,
  4. Has working experience of one year,
  5. was earning Rs.5,000/- as stipend during graduation,
  6. First one year did not calim any maintenacne and filed CrPC-125,
  7. No children and no dependents on wife (marriage lasted for 23 days only),

 

Husband status:

  1. Earning Rs.50,000/- per month from job,
  2. Has 4 dependents,
  3. No other source of income,
  4. Travel expenses became huge (per hearing more than RS.15,000/- ) due to criminal cases filed by wife U/s 498A and CrPC-125 on entire family menbers.

 

In these circumstances can wife get mainteanance (praying for Rs.30,000/- per month) from Husabnd.


(Guest)

@ Siv,

You have liberty to shout at me after reading quickly the below analysis but think aloud you will see what actually I mean and now pray for relief accordingly ;-)

1. Reading your mail prime facie YES she is entitled for maint (not going into the amount as well as on merits right now) because S. 125 CrpC is meant as prime facie interim relief so to speak to avoid destitution and is for taking care of food / shelter and medical needs of a wife so to speak and she should not be thrown on the roads (with child) provided husband has not neglected her and has means prime facie. Neglect is matter of prime facie. Means of husband is also prime facie and pops financial relief to wife which includes shelter + medical + food for a wife and these all are guaranteed quick relief to a Applicant wife if we talking here of a wife.

Now, critical comments of spouse briefs as in above post:

- Bze. she is OWNER of some land whereas no income derived out of the land shown as per record it is as good as prime facie having no income from land of such large valuation
Stridhan is 800 gms of gold no doubt but sales tax paid / VAT bills / money trail above rs. 20 k to purchase gold like of who paid for such quant. of gold are not shown on record hence prime facie even if it is 800 gms of gold it is assumed no wife will buy herself it is obvious that parents have bought for dowry hence a husband can't expect those gold to be sold after desertion of a wife and live with it so you see what was missed here in terms of gold by your side.
 Money paid by whom on higher studies prime facie is not there in record. A son as well as a daughter during marriage with no job if engaged in higher studies then it is done by their savings or from borrowings from respective parents is basic assumption or least to least from borrowing from financial institution. Even if  higher studies she is doing then your side should show the money trail prime facie.
- Working experience as of date is considered as jobless status of a wife though at one point she worked now what was that one point of time - before marriage or during marriage or after desertion if these would have been adduced well but prime facie she is on record unemployed hence she is having no income
and prime facie after alleged bald trauma or cruelties no court can expect a wife to work ? Well is it so :-)
S. 125 CrPC award is prime facie based on neglect and is not a penalty to husband but a societal cause based award and she prime facie struggled to survive 1 year and offence was in continuation prime facie and when demand was shown prime facie since last 1 year it was neglect of duty prime facie on part of husband hence a award pops. Here as soon as she left home some money by hand written MO should have been sent. Let her refuse them but prime facie when a demand is raised husband still fulfilled his part of duties no matter if a suit is in court or proposed to be in court is separate inference. Understood!
Children / duration of cohabitation is irrelevant at prime facie stage bze u hv no child and duration is matter of contest in appropriate trial court with bundles of allegations and counters which takes time to decide but prime facie maint is fixed so to speak.

Now your side's so called capacity as shown in above brief interpreted;

- Prime facie you are showing regular 50 K to court. Where are deductions / LIC / PF / Loan / EMI etc etc to cut liability on records figures net in hand!
- Dependents are considered but in above briefs not shown if they are retired and do they have any pension / no income details of parents from movable or un movable properties / is there any un married sister / handicapped brother or sister / medical needs of parents all these are considered etc. etc. So prime facie every husband has dependents but what has to be prime facie shown...u guess now
- When u say no other source of income, even if you have some other source of income will you bring it to the knowledge of court No na then what is the point here even to mention such irrelevant matters, hence prime facie even if you say no other source then court will buy just that and assume for records your said 50 K as your income unless produced by wife's side some hidden income of a spouse.
- A husband who can shell out 15 K on litigation and still has not asked Legal Aid prime facie shows balancing the balance sheet in a prime facie case. Right to hire defence is constitutional rights but it goes for a toss in gender biased prime facie maint cases. These 15 K figures should not to be  shown on record so to speak. 

You get my point where stress / adjustment of credit debits should have been made by your side and where prime facie this case will go.

Now a days revenue records / pan Tax evasion records are online / RTiable so are TEP for 800 gms of gold as alleged which all are checks and balance outside court for reliefs :-)

Normally wife's side ask more so to speak and no wife asks exactly Rs. 989 . 50 paise per month as maintenance, she will always ask Rs. 90,890/- per month bze her side knows that cases drags by both sides for years and there are pressing payments to be made to various heads so why ask Rs. 989.50 which is infact actual needs.

Now what are the needs of a wife which in a Excel Worksheet husband side needs to stress based on current price index with adjustment of future price index for say next 2 years – 5 years and there are just 2-3 judgments where then Lordships have mentioned that Rice is Rs. 23 per kg in 2002 so wife being single will need 750 gms of rice per month so the actual need comes to Rs. 19/- on food and since she is young of 26 years so she is medically fit so no need to give / calculate medical needs of a wife and since she is staying with her parents and matter is at trial so no parents will kick her own daughter out but since wife need not be burden on parents I awards Rs. 400 per month as per neighborhood rental property price index on shelter needs of wife and so on so forth the calculations of needs of a wife were done by handful of Lordships all calculation needs to be shown prime facie. All these I am not saying it is already there in various Citations.


Now, before readers accuse me that I am a shameless spouse here I say let us not talk then of equity before Law and always be duty bound but what about other spouse side

All the best and you may shout at me but this is what emerges from above briefs and I am open for some correction here and there on equity grounds.

Rgds 

Siv (engineer)     27 July 2010

Dear Arun Sir,

 

Really appreciate your knowledge depth... I have few points to make on my case:

 

  1. Wife was earning before marriage and even after marriage (for 6 months duration).
  2. While wife is capable of earning more than what court has granted, Rs.5000/-,  can husband go for appeal saying wife can continue to work and earn during the pendency of the case.
  3. Wife is Graduate and husband also graduate at the time of marriage. Now for pursuing Post Graduation wife left job and job earnings and going for higher qualification.
  4. In society people (educated) think to sellout the property from which no income is coming out of it and put it in bank to get interst from it for effective use of the property.
  5. A person in the society is not having food while capable to do job and earn go for Higher studies spending lacks of rupees ....
  6. wife is pursuing post Graduation reveals mentaly she is fit and is hoping to do high level jobs with higher qualification than the lower grade job with lower grade qualification ... if not willing to do job then why wife is sending money in lack by consuning Indian resources without giving oprtunity to the actally required people in the society who can live on it....?

 

  1. Husabnd has dependent old age parents who is illiterates, suffering from old age health issues and are capable of earning and were doing cultivation and were below poverty live till husband got job.
  2. The expenses 15K sown is travelling and loadging and boarding expenses during the court hearings. Wife filed cases at her place which is 800KM from husband place and 750 KM from in-laws place and the distance between in-laws and husband is 250KM.
  3. After deducting the expenses of husband leftover is not more than Rs.10,000/- per month. Details like: parents expenses 15K (5K rent and 10K expenses ), me and my sister expenses: 15K, legal: 10K (considered min).

Siv (engineer)     27 July 2010

Dear Arun Sir,

 

Really appreciate your knowledge depth... I have few points to make on my case:

 

  1. Wife was earning before marriage and even after marriage (for 6 months duration).
  2. While wife is capable of earning more than what court has granted, Rs.5000/-,  can husband go for appeal saying wife can continue to work and earn during the pendency of the case.
  3. Wife is Graduate and husband also graduate at the time of marriage. Now for pursuing Post Graduation wife left job and job earnings and going for higher qualification.
  4. In society people (educated) think to sellout the property from which no income is coming out of it and put it in bank to get interst from it for effective use of the property.
  5. A person in the society is not having food while capable to do job and earn go for Higher studies spending lacks of rupees ....
  6. wife is pursuing post Graduation reveals mentaly she is fit and is hoping to do high level jobs with higher qualification than the lower grade job with lower grade qualification ... if not willing to do job then why wife is sending money in lack by consuning Indian resources without giving oprtunity to the actally required people in the society who can live on it....?
  7. If really cruelty happened to wife, certainly wife wont pursue Post Graduation ... may take sufficient rest to come out of the truma that she has gone so far at husband place, after filing the divorce to cruel husband (no matter to marry some one or not), considering her version is true ... (one important fact is that: with in a month of marriage wife took 2 lacks money from husband and was maintaining the bank balnce till wife left husband home still alleging that wife was not provided money to her, proofs are bank transactions thorugh bank checks)

 

  1. Husabnd has dependent old age parents who is illiterates, suffering from old age health issues and are capable of earning and were doing cultivation and were below poverty live till husband got job.
  2. The expenses 15K sown is travelling and loadging and boarding expenses during the court hearings. Wife filed cases at her place which is 800KM from husband place and 750 KM from in-laws place and the distance between in-laws and husband is 250KM.
  3. After deducting the expenses of husband leftover is not more than Rs.10,000/- per month. Details like: parents expenses 15K (5K rent and 10K expenses ), me and my sister expenses: 15K, legal: 10K (considered min).

(Guest)

@ Lordship

Just a quick reply - are we disussing theory here or this 5 K was actually awarded ? 

- If therory then it is doable with abv as well as with adding many more logics accordingly.

- If 5 K actually awarded then Appeal before Appellate court placing relience documents to all above as in your say are valid clubbed with lady Luck.

But always remember prime facie are two words which is good for both sides spouse ears at the end of the board :-)


Wait for further views of respected ld. members of LCI on asked matter.

Rgds.


(Guest)

quick add-on

see your para 3 which is your own stated last three lines were you are admitting 10 K is left after all deductions which also includes your expenses the wordings say so.

So what far this leftover 10 K is meant to be spent on when wife is showing to leave matrimonial home and is showing prime facie destitute status.

The award is balanced I will say at trial Court level when husband is showing 10 K left after all deductions takign care of liabilities and also after taking care of self.

 


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