• Section 9

Sir, i am soldier in Indian army .completed 14 years. i got married in june 2012. my wife behaviour after marriage is very cruel. now after completing 5 year, my wife left my house and living with their parents. she filed complaint of family voilene and dowry in women commission but after i told the truth to members they closed the matter without any final decisions.they find her faulty and her illegal demands there.she wants money from my salary and not living with me. neither she want to allow me to meet my children ( 1 girl 5 yr old and one son 6 month old). now in august i filed section 9 against her. i can prove she is lier. i have proof.but i want to know is she eligible for maintenance even after she proved wrong in court and how much.i want children.Also i want to leave my job after one year. can i extend the date of decision so that my funds in army i can withdraw before she claims sharing.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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11 Answers

1) wife is entitled to maintenance if she is not working

2) since your children are very young court would not award you custody

3) you can seek visitation rights

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Wife deserting husband for no cause not entitle to maintenance and to claim maintenance, she have to prove domestic violence. Don`t leave job until matter not resolved else she my demand heavy alimony from retirement benefits.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

First reason has no merit.

Without medical and allegation of specific incident of violence, it is baseless.

Once all her allegations proved false,she is not entitle to anything and filling false cases valid ground for divorce,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Along with the Restoration of conjugal rights you need to file the visitation rights for your children and let the code decide you have to provide the maintenance to your wife and children that is your responsibility still you are in the marriage and ultimately The children are your responsibility.

The court will allow restoration and in case she is not responding to the Restoration of conjugal rights then you will have the good ground to go for divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Answerd by Adv kavery Anand Bangalore.. sir u already filed RCR.. and even in women commission also they found her faulty.. then that's it..No need to give any maintenance or alimony to her..she left Ur home by herself. And showing cruelty towards you and your family..

No maintenance or alimony for cruel women and No maintenance or alimony for deserted women...

For more details please call me through kaanoon.com

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

In case wife makes application for maintenance court would award her some amount as maintenance

Court considers your income , wife income,standard of living in determining maintenance

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Being your wife she has the right to claim maintenance for herself and for the children.

This maintenance is given to her irrespective of her behavior and just for the reason that she is your legally wedded wife.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may take the defense that you have not refused to maintain her if she lives with you.

It is not like that the court will definitely grant maintenance to her, the same will vary from case to case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. A woman is entitled to claim maintenance from her husband if she is not self sufficient.

2. Woman Commission is not a court. It cannot decide the guilt or innocence of an individual.

3. Unless you prove that she is self sufficient she will be awarded some maintenance.

4. You are free to file a petition for child custody to get the custody of your children. The least that the court will award you is visitation rights.

5. Courts do not support cruelty but then mental cruelty which is alleged to have taken place inside the four walls of matrimonial home cannot be proved through strict evidence.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The Restitution of conjugal rights case filed by you is enough evidence that you wanted to live with her and it is she who voluntarily abandoned the matrimonial home without any valid reasons.

Even though you may prove that she was wrong since she is living separately away from you the court may pass an order to pay her maintenance if she is not having any source of income to sustain hr expenses.

Further you may have to give maintenance to your children.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

The question is that she is your wife and it is your duty to maintain her and the children if she is unemployed and has no source of income to sustain her expenses.

All those details what you have mentioned may be taken up during the trial proceedings that will go on in the court and try to defend your interests in the court.

The court will not decide after hearing only one side, it wilt hear both the sides and pass an order as per law.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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