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Subhomoy Das (Retail Manager)     22 June 2011

Wife

Hi,

I need to clarify one thing. pls clarify me.

If the wife starts living at her parents house with her daughter and the wife is working and earning Rs.15000/-  ( a semi -govt service) , then does she entitiled to get maintenance from her husband if she filed a case for maintenance.

Does the expense of the duaghter is to be borne by father only or by her working mother also.

I`m working in a pvt sector. There is no security of my job. i can loose my job any moment . If i loose my job and become unemployed then can i file maintenance from my wife. If so under what section?? (will it be Crpc 125)?

Pls note my wife left me  as she is more interested in working at the same organistaion  at her parents house (where she was working before marriage). Then how come she will lead a natural family life. She is just giving false excuse of harrassing her so that she need an excuse of not staying at her matrimonial house.

Pls help.

Thanks
 



 8 Replies

Tajobsindia (Senior Partner )     22 June 2011

@ Author

1.
If wife is working and has filed for maint. then catena of SC and State HC decisions are there where she has been denied maint.

2. If child is with working mother then maint. for child is always co-extensive (means shared equally by both parents) and catena of decision from SC to State HC exists to this effect.

3. If you loose Job then first file 'termination certificate" in a Civil Court if any maint. suit is filed by wife under civil Laws. Otherwise also under civil Laws i.e. under S. 24 HMA a husband can claim maint. from his working wife. S. 125 CrPC is not applicable to jobless Husband. If wife has filed S. 125 CrPC and during pendency of suit if you loose your Job then also file the certificate before said Court on first available opportunity.


Your last para and essence of brief are all simple contest material before concerned Court if you have special facts available with you of wife deserting you then also on this ground itself she is not eligiable for any maint. under S. 125 CrPC intent and objects.

Follow instructions of your ld. Advocate.

1 Like

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     22 June 2011

Maintaining the children is responsibility  rather pious duty of parents. Husband can also seek maintenance under section 125 CrPC. from wife if he is unable to maintain himself and wife is having sufficient income. If wife herself sufficiently earns then there is no question of maintenance from husband.

Tajobsindia (Senior Partner )     22 June 2011

Lordship Vipin Sharma !!!!!!!!

1. Kindly don't misguide general public. Under S. 125 CrPC no Hindu Husband till date has been awarded maint.


Infact way back in 2007 Hon'ble SC dismissed plea of a Punjab based husband who took his S. 125 CrPC appeal all the way to Hon'ble SC to award him maint. under S. 125 CrPC and Hon'ble SC rightly dismissed his appeal.


Now would you like me to send you above case law for 'tombstone' correction pls. do let us know

2 Like

(Guest)

@Subhomoy Das

I agree with tajobs view.

Plus remember this points:

I order to reudce maintenance order ....First of all you have to prove her income ...15000/-per month.

And i dont think the judge should give maintenance to husband  under 125 crpc as i never heard of .

You can also take a plea that she without any sufficient reason left me.You have to prove this.

Under section 125 of crpc,

 (4)            No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

Here is the basic guide:

 

The court has to take a general view.  From  the  various  judicial  precedents,  the  under noted 11 factors can be culled out, which are to be taken into  consideration  while  deciding  an  application  under Section 24 of the Hindu Marriage Act or 125 crpc. The same are:

 

(1)     Status of the parties,their lifestyle,medical expenses,child's education expenses etc.

 

(2)     Reasonable wants of the claimant.

 

(3)     The independent  income  and  property  of  the

claimant.

 

(4)     The number of persons, the non applicant has to

maintain.

 

(5)     The amount should aid the applicant to live in a similar   life   style   as   he/she   enjoyed   in   the matrimonial home.

 

(6)     Non-applicant’s liabilities, if any.

 

(7)     Provisions  for  food,  clothing,  shelter,  education, medical  attendance  and  treatment  etc.  of  the applicant.

 

(8)     Payment capacity of the non-applicant.

 

(9)     Some   guess   work   is   not   ruled   out   while estimating the income of the non-applicant when all   the   sources   or   correct   sources   are   not disclosed.

 

(10)   The non-applicant to defray the cost of litigation.

 

(11)   The amount awarded under Section 125, Cr.P.C. is adjustable against the amount awarded under Section 24 of the Act.all   the   sources   or   correct sources   are   not disclosed.

 

(10)   The non-applicant to defray the cost of litigation.

 

(11)   The amount awarded under Section 125, Cr.P.C.

is adjustable against the amount awarded under Section 24 of the Act.

2 Like

Tajobsindia (Senior Partner )     22 June 2011

Ld Kushan

Out of curiosity just as 'academic discussion point' don't you agree that these 11 point charter (read as guidelines) were given by one of the HC Lordship in a S. 24 HMA suit !


I like to be recalled thus asked your views on above
.........


(Guest)

@Tajobsindia

"Out of curiosity just as 'academic discussion point' don't you agree that these 11 point charter (read as guidelines) were given by one of the HC Lordship in a S. 24 HMA suit !"

Here is that old thread:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=31233

 

And here is that judgment in pdf format.


Attached File : 62954 188677 13 56 56 mr sistani s judgment.pdf downloaded: 80 times

(Guest)

 

 

 

 

'(2)     Reasonable wants of the claimant. "

this one always gets thrown out of the window, as judges like to boast of high-profile (fat settlement) cases just like lawyers. Just my interpretation. I'm no expert ;-)

 


(Guest)

@Uma and all

This is the interesting point:

If you have this judgment post here in pdf format so that we can read this in details.

"While judging the issue of interim maintenance, conduct or misconduct of either spouse is irrelevant for the reason in every proceedings of divorce, dissolution or judicial separation there is bound to be some allegations or other pertaining to matrimonial misconduct," the court said.

“If conduct or misconduct were to be alone considered, no spouse would get interim maintenance,” Justice Nandrajog added.

 

Tax avoidance makes it tough to compute alimony: HC

Here is that link:https://blogs.rediff.com/evinayak/2007/05/03/rs-25000-per-month-alimony-on-ramakrishna-hegdes-son/


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