Gursimran Kaur (owner) 12 September 2013

Want my husband to pay maintenance

Hi,

My name is Gursimran kaur and then started when i got married in 2006 its a love marriage but after 2-3 months my husband behaviour changed he use to beat me and started avoiding me ,asking for money from me ( jaha se marzi le ke aa) and told me to start a job I tried hard to save my marriage never demand anything ,lived like some dead body at home but from his cruelity ,I started feeling like hell .I joined some BPO and started getting salary but he use to take every peny from my pocket.In 2009 me blessed with daughter she is of 4 years now.after that he changed his behaviour and started living out of home in nights.then after 1 year of my daughter he asked me for money again and again when i said i can't help u he thrown me out of his home .I started living in my parents place after that even no member from my in-laws came to take me home back.After waiting for 1 long year i applied for maintenance ,he don't come for any date in court after summon recieving ,then after in 2011 last month I applied for divorce and got decree in 2012 october.after he come to know i got decree he contacted me back ,then i started believing him and without my families consent i came back in march 22/13 ,my next maintenance date was on april 4 and started living with him as after 3-4 days i withdrawn my maintenance case ,after withdrawn the case he started fighting with me again .

now the matter is i put up a complaint in women cell then after SSP inquiry F.I.R was lodged in 30/07/2013 under section 498 a and 406 .now he got anticipatory bail on 11/09/2013.then what can i do now that maintenance case will be reopened and he will start giving maintenance .

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11 Replies

(Guest)

Your query is fissy and not clear---------

If you have got divorce decree i think through exparte and then your husband approached after knowing the fact.

Hence,without appealing in higher court to stay aside by him ,how come you will live with him?

If living also after divorce decree then you are no more Husband and wife.

Even your 498a doesn't hold here becauze you have filed after divorce decree.

Your story seems to be double thoughts.

My sincere advice Stick either living with him or just part away peacefuly,don't make masala movie.

Now all cases has been withdrawn and again you have put your court halls leading you to frustarte because your case is going to be negative due to non affirmed decisions.

If there is no chance of reunion then better move ahead as you have got divorce decree also and appeal period has also passed .

you have stated that you are earning then why can't you continue this.....

see you are entitled for maintenance only when you are unable to maintain yourself by number of causes.

You have not stated to whose custody your daughter is,till 5 years custody goes to you after that court battle starts for custody which follows with wellfare of child in whose custody the child will attain his/her maturity.

Better consult a local honest family lawyer discuss you case with him.

So,far you are not entitled for maintenance bcz you are earning/were earning

but your daughter is entitled to get maintenance from his dad equally contributed by you.

regards.

1 Like

Tajobsindia (Senior Partner ) 12 September 2013

Originally posted by : Gursimran Kaur
	My name is Gursimran kaur and then started when i got married in 2006 its a love marriage but after 2-3 months my husband behaviour changed he use to beat me and started avoiding me ,asking for money from me ( jaha se marzi le ke aa) and told me to start a job I tried hard to save my marriage never demand anything ,lived like some dead body at home but from his cruelity ,I started feeling like hell .I joined some BPO and started getting salary but he use to take every peny from my pocket.In 2009 me blessed with daughter she is of 4 years now.after that he changed his behaviour and started living out of home in nights.then after 1 year of my daughter he asked me for money again and again when i said i can't help u he thrown me out of his home .I started living in my parents place after that even no member from my in-laws came to take me home back.After waiting for 1 long year i applied for maintenance ,he don't come for any date in court after summon recieving ,then after in 2011 last month I applied for divorce and got decree in 2012 october.after he come to know i got decree he contacted me back ,then i started believing him and without my families consent i came back in march 22/13 ,my next maintenance date was on april 4 and started living with him as after 3-4 days i withdrawn my maintenance case ,after withdrawn the case he started fighting with me again . now the matter is i put up a complaint in women cell then after SSP inquiry F.I.R was lodged in 30/07/2013 under section 498 a and 406 .now he got anticipatory bail on 11/09/2013.then what can i do now that maintenance case will be reopened and he will start giving maintenance .

1. Maintenance under which Section / Code / Act?

2. After decree in divorce in Oct. 2012 no case of S. 498a / 406 IPC stands trial.

3. You cannot get any relief as the chronology / events in your brief are not written in correct order.

(Guest)

he is no more you husband

(Guest)

Originally posted by : Gursimran Kaur

Hi,

My name is Gursimran kaur and then started when i got married in 2006 its a love marriage but after 2-3 months my husband behaviour changed he use to beat me and started avoiding me ,

Are you sure it was love marriage?

asking for money from me ( jaha se marzi le ke aa) and told me to start a job I tried hard to save my marriage never demand anything ,lived like some dead body at home but from his cruelity ,I started feeling like hell .I joined some BPO and started getting salary but he use to take every peny from my pocket.In 2009 me blessed with daughter she is of 4 years now.after that he changed his behaviour and started living out of home in nights.then after 1 year of my daughter he asked me for money again and again when i said i can't help u he thrown me out of his home .I started living in my parents place after that even no member from my in-laws came to take me home back.After waiting for 1 long year i applied for maintenance ,he don't come for any date in court after summon recieving ,then after in 2011 last month I applied for divorce and got decree in 2012 october.

Congrats, you are a free bird again !

after he come to know i got decree he contacted me back ,then i started believing him and without my families consent i came back in march 22/13 ,my next maintenance date was on april 4 and started living with him as after 3-4 days i withdrawn my maintenance case ,after withdrawn the case he started fighting with me again .

Utterly foolish to go back to same person and stay with him after you got divorce decree. Height of foolishness, you took one step forward and two step backwards, dooms day ahead lady !

now the matter is i put up a complaint in women cell then after SSP inquiry F.I.R was lodged in 30/07/2013 under section 498 a and 406 .now he got anticipatory bail on 11/09/2013.then what can i do now that maintenance case will be reopened and he will start giving maintenance .

I really wonder there was any love between you two, apart from the urge to have s-e-x. The urge to have s-e-x is clearly visible as a girlchild is born out of wedlock. Instead of doing all this circus, if having s-e-x was the main motive, then a hotel room would have been suffice with condoms for protection.

Anyway now that you have had a divorce decree, went back to live with him and he begged you to take back maintenance case, it is clear that you withdrew the maintenance application, and he was back to his usual self, beating you etc so you went ahead and gave complaint and 498a got registered, and he was arrested and was let out on bail.

Now regarding your maintenance, you will get maintenance if your husband pays you money. With a person like this you better forget getting maintenance and concentrate on your life.

The judges who are handling your 498a case will be confused for sure as to what to do about the case.

All go in this order. File divorce, file 498a etc, file maintenance and so on, you are going in reverse order.

1 Like

Gursimran Kaur (owner) 12 September 2013

actually um not living with him now ,my girl is staying with me and i want to put maintenance case again for my daughter and um not working now.

Gursimran Kaur (owner) 12 September 2013

I know he is no more husband of mine ....i am fighting for my daughter only.not for me

(Guest)

I somehow am sensing that you pulled out a trick on your husband by rejoining him after getting the divorce decree just to put some criminal cases on him. Congrats on your success!!

neway, yes you can put a maintenance case on your husband for your kid or give custody of the child to your husband.

Dr. Jyothi Vishwanath (Associate Professor of Law) 12 September 2013

you have a made mess out of all. After divorce decree you have started living again with him. After all this suffering, I think you should understand even if you have right to claim maintenance, he will not pay you anything as he has been asking money from you. You can anyway legally proceed against him for maintenance but it will be only waste of money on advocates fees. Legally he is liable to maintain you and your child. Take a chance...

1 Like

Gursimran Kaur (owner) 13 September 2013

@ Stalker I made no rick to put any kind of criminal case on him ,but he made out those situations that he forced me to take some legal action on him.But my daughter i gone back to him with the hope that my girl will get love of her FATHER.But situation worsen when he withdraw the maintenance from me by threatening me .

@Dr.Jyoti I want you notice one more thing in my case he put up a case against me for divorce as i am not getting he want to show that he was not aware that he was divorced by ex-partee .He even mentioned one thing (may be in favour or not)that he convinced me for withdrawing the maintenance case .As in that in my complaint i said he threaten me for life so i withdraw the file.As may be this line helps me in getting courtesy of court and maintenance will opened up again .

And what can i do that he will be punished for 498 a and 406.As

498aindian (other) 13 September 2013

You have only utilized your needs whenever you have got the chance and when all the chances been consumed you want to sent him Jail by filing 498a and 406.Great Idea by you.Shame on you for such a heinious thought.

stanley (Freedom) 13 September 2013

Originally posted by : Dr. Jyothi Vishwanath
	you have a made mess out of all. After divorce decree you have started living again with him. After all this suffering, I think you should understand even if you have right to claim maintenance, he will not pay you anything as he has been asking money from you. You can anyway legally proceed against him for maintenance but it will be only waste of money on advocates fees. Legally he is liable to maintain you and your child. Take a chance...

@ Jyothi its not a waste of time as the author of this post can seek free legal aid

Legal Aid implies giving free legal service to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.

The concept of legal aid in the form of Article 39A into our constitutional framework. Hence, legal aid is not a charity or bounty, but is a constitutional obligation of the state and right of the citizens. The problems of human law and justice, guided by the constitutional goals to the solution of disparities, agonies, despairs, and handicaps of the weaker, yet larger brackets of Bharat’s humanity is the prime object of the dogma of “equal justice for all”. Thus, legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the downtrodden and weaker sections of the society. It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities.

Justice Krishna Iyer regards it as a catalyst which would enable the aggrieved masses to re-assert state responsibility, whereas Justice P.N. Bhagwati simply calls it “equal justice in action”. But, again the constitution not being a mystic parchment but a Pragmatic package of mandates, we have to decode its articles in the context of Indian life’s tearful realities and it is here when the judiciary has to take center stage.

Time and again it has been reiterated by our courts that legal aid may be treated as a part of right created under Article 21 and also under Article 14 and Article 22(1)[Hussainara v. Home Secretary, State of Bihar[1]. Also Khatri v. State of Bihar[2], Suk Das v. Union Territory of Arunachal Pradesh,[3] Kishore v. State of Himanchal Pradesh[4].

. The apex court has held access to justice as a human right.[ Tashi Delek Gaming Solutions v. State of Karnatka,[5] thus, imparting life and meaning to law.

@ author

Legally for the time being you can seek maintanence till you gain employment but for the child the father has to pay maintanence at any cost till the child reaches maturity . It is better to get independent by catching up with a job .Once a order of the court is passed for maintanence of the child the same can be enforced and his property can be attached .

you cannot punish him for 498 A and 406 as a decree of divorce has already been awarded .