• Maintenance from husband

In 2013, My inlaws asked huge cash just 2 days before wedding and we had to give it. After marriage also , they started asking cash and gold . They lied about almost everything like their house , guys salary, their living style and everything turned out to wrong. On dowry , i had a fight with my husband and i moved out after 15 days . Filed an FIR, but he got bail, filed a 498 case, maintainance case, harrasment case , but all these 2 years , only counselling and mediation has been done and no result has really come out on my favour except that . The court has ordered my husband to give me maintenance of rs.9000 every month plus all the arrears , but he neither give any arrears nor he gives maintenance. Also the interim maintenance amount is fixed on his income which he stated wrong in the court. I am not working at all and have no source of income. I was working before marriage but after marriage have not been working.The court asked us to file an execution petition . My lawyer is taking too much money around 30000 for that petition. i have changed 2 lawyers , but they are working at the speed of a snail, my husband refuses to give any money or alimony at all. Now i have decided to fight my own case. My questions are: 

.Can i fight my own case
How can i get my husbands salary details by court. 
If i  want to file the  execution petition myself now , how to go about it.
How to proceed with the FIR which i have lodged against him. once he got bail, is that finished.
If my husband refuses to give any money on divorce as alimony, can i do something.
How can i get divorced with some alimoney, i dont want too much . just my expenses on wedding. thats it.
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu
1) in delhi practice is that both husband and wife have to file an affidavit disclosing their income assets 

2) has your husband filed such affidavit 

3) you could have made application calling upon husband to file his income tax returns for last 3 years 

4) you can fight your own case but better to engage a lawyer 

5) if your husband has failed to pay maintenance as per family court order move high court and file contempt of court proceedings 

6) your husband will pay if he does it want to go to jail

7) in alternative make application for execution seek attachment of his property for failing to comply with court orders  

8) 498A case filed by you will proceed further it takes more than 5 years for case to be disposed of .   

9) you can file for divorce and seek alimony and other reliefs  even divorce cases take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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Dear Querist
My opinion on your queries are as Under:

Can i fight my own case
Opinion: Yes, you can fight your case yourself without any help of a lawyer, if you think that you are able to fight.

How can i get my husbands salary details by court. 
Opinion: File an application before the court for filing detail affidavit as per recent High Court Judgment and he is bound to disclosed his current income, or file an application before court and summon his current employer along with all his detail, the court will issue summon to them and they are bound to follow the direction of the court regarding disclosure of his income and savings.

If i  want to file the  execution petition myself now , how to go about it.
Opinion: draft an execution petition with all the facts and case detail with all the calculation of your arrears and filed before the court along with an affidavit. you can take our help for this, if you think fit.

How to proceed with the FIR which i have lodged against him. once he got bail, is that finished.
Opinion: No, it is not finish, the police will file a charge sheet against him and after that the court case will start against him.

If my husband refuses to give any money on divorce as alimony, can i do something.
Opinion: In your execution petition you have to prayed from the court for attachment of his property or attachment in person, if he will not pay the money to you then the court have power to sent him behind the bar, till the recovery of money.

How can i get divorced with some alimoney, i dont want too much . just my expenses on wedding. thats it.
Opinion: File a divorce case against him before family court due to harassment and cruelty and claim alimony.

You may contact to me personally or over the phone after pay the consultation fee. 
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1. To get the desired result from the courts one needs to be patient as the courts are overflowing with a humongous pendency of cases. The lawyers can only try but they do not possess a magic wand.

2. You are free to change your lawyer, or fight your own case. Alternatively, you may apply for free legal assistance at state expenditure. If you avail this option then a lawyer may be assigned to you at state expense.

3. If your husband has not obeyed the court order then he should be in jail. No execution is required to proceed against him if he has not obeyed the court order. You could have challenged in the higher court the order of the lower court whereby and whereunder it had ordered execution.

4. Salary details of the husband can be obtained by taking recourse to RTI. Alternatively you may take the services of a detective agency.

5. No, the FIR is not finished. You can challenge in the higher court the bail which has been granted to him.

Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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1. You can fight your own case but it would be good if engage a lawyer and all lawyers are not so slow or exorbitant as you have experienced so far.
2. Mention the salary of your husband. It is duty of your husband to disclose the same if he claim to have lesser salary than that what you have mentioned.
3.Execution proceeding is very easy and you can on your own file and proceed with this. Meet the court official and take help from him to draft such petition.
4. No, the police will file charge sheet and then case will commence.
5. Make a hard bargain so your husband is forced to pay you maintenance.
6. Same as above.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
You can fight your case in person. Its advisable to represent through advocate as you don't know about court procedures. Hire advocate with moderate experience and reasonable fee. You need not have most senior advocate to contest family court cases. There you can save some money. Hire senior advocate whenever arguments are there.

Also you can have unerstanding with advocate that, you pay only for the expenses now  ( not fee) and you can agree to pay certain percentage out of lump sum amount you recieve as alimony.


You can file application under Sec. 91 of Cr.P.C to the court for  summoning of  employment and salary details from his employer. For that also you have to file separate appeal as court has already passed maintanance order.


In the interim file exeution petition and get him arrested if he fails to pay arrears of maintanance
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1. Your lawyer should have prayed before the Court to direct his employer to submit details of his salary, before the maintenance was fixed by the Court,

2. Atleast now you can file a petition before the appellant Court challenging the amount of the maintenance awarded to you praying for the said direction upon his employer  to submit details of his salary, before the Court,

3. File an execution petition after your maintenance is enhanced by the appellant Court,

4. Has the IO submitted charge sheet against the FIR by you? If police has not taken any action or is favouring him, you can file a writ petition  before the High Court against police inaction,

5. File an execution petition as soon as your petition is disposed of in your favour or against you,

6. You can file a divorce petition on the ground of cruelty claiming alimony. It may take around 2 to 4 years. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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1) if you have been working in the past court may not award you maintenance . 

2) you should not suppress facts about your employment 

3) dont make any false statement on oath regarding your employment 

4) your income tax returns would reflect your employment status 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
 THE COURT OF MS. MADHU JAIN
ADDL. DISTRICT JUDGE
ROHINI COURT : DELHI
M No. 28/07

Sh. Neeraj Aggarwal – Petitioner

Vs.

Mrs. Veeka Aggarwal – Respondent

ORDER


1.. This is an order on application under Section 24 of Hindu Marriage Act filed by the applicant/ wife, respondent in the main case (hereinafter referred to as the applicant) against the non-applicant/ husband, petitioner in the main case (hereinafter referred to as the non-applicant) for grant of maintenance pendentelite and for litigation expenses.


2.. In the application it is stated that the applicant/ wife has no independent source of income and she is not given any kind of maintenance by the non-applicant/ husband to live her life properly and therefore she is facing much hardship in the life. The non-applicant/ husband has flatly refused to maintain her. The non-applicant/ husband is working in a private sector as a Senior Software Engineer HPC in STM Microelectronics Pvt. Ltd., Plot No.1 A, Knowledge Park-2 (near LG Gol Chakkar), Greater Noida and is earning about Rs. 80,000/-pm. He has no other liability and he is not discharging his responsibilities towards the applicant/ wife with ulterior motives to harass and humiliate the applicant/ wife. The applicant/ wife is the legally wedded wife of the non-applicant/ husband and, thus, being a husband, he is bound to maintain the applicant/ wife. The applicant/ wife is fully dependent on the mercy of her parents, who are having other liabilities also and she has no independent source of income to maintain herself. It is, therefore, prayed that the non-applicant/ husband be directed to pay a sum of Rs. 30,000/-pm as maintenance allowance pendentelite to the applicant/ wife and expenses of proceedings.


3.. The application has been contested by the non-applicant/ husband, who in his reply has stated that the applicant/wife is a well qualified graduate Engineer in the field of information Technology and just after the marriage she had joined the service of a private firm and was drawing a handsome salary as initially she was taking Rs. 5000/-pm. Now-a-days she is competent and qualified to earn thousands of rupees per month. She is a qualified trained engineer and she is self stand financially in all respects. The non-applicant/ husband has never neglected or refused to maintain her in any manner and she was duly maintained during her stay in her matrimonial home. The non-applicant/ husband is still ready and willing to provide financial assistance or maintenance if required or needed by her for any purpose in any manner. It is not denied that the non-applicant/ husband is also a qualified engineer and is employed in Greater Noida, U.P. but the actual amount of monthly salary being drawn by him is Rs. 45,000/-pm. It is stated that he has to maintain his retired father and ailing, diabetic mother and old grandmother and also to treat his two married sisters and to look-after his younger unmarried under-education sister of marriageable age as his younger sister is doing B.Ed. from a regular college. He is also paying loan premiums and other household expenses. The applicant/ wife has herself deserted her matrimonial home without any threats or atrocities caused to her by her in-laws and she is not returning to her matrimonial home despite the petition for restitution of conjugal rights filed by the non-applicant/ husband. It is stated that the non-applicant/ husband is publicly and openly as well as warmly welcoming the applicant/ wife to her matrimonial home but she has started demanding maintenance sitting in her parental home to feed her greedy parents and selfish relatives instead of returning to her matrimonial home and to assist the non-applicant/ husband and her other in-laws in her matrimonial home at the time of need. It is stated that the conduct, attitude and nature of the applicant/ wife is of such type that she is not entitled for any maintenance. Further more, she has also filed a separate petition U/s 125Cr. P.C. for maintenance only with a view to get the non-applicant/ husband harassed in a criminal court. It is stated that the applicant/ wife is not a helpless or poor lady and she is not incapable to maintain herself as she is a well qualified engineer and is already an earning hand. She is handing over all her income to her parents. She does not require any monastery assistance from the non-applicant/ husband as she is already having a good bank balance in State Bank of Bikaner & Jaipur at Rohini, Sector-5,Delhi , bearing A/c No. 61005521399 and several other bank accounts also. She also has some immovable properties in her name. It is denied that she requires Rs. 30,000/- as maintenance and other charges as prayed. It is, therefore, prayed that the application be dismissed with heavy cost.


4.. I have heard the Ld. Counsel for both the parties and have carefully perused the record.


5.. During the course of arguments it has not been denied by the Counsel for the applicant/ wife that the applicant/ wife herself is an engineer graduate in the field of Information Technology. Ld. Counsel for the applicant/ wife submitted that the applicant/ wife submitted that the applicant/ wife joined the job for some time after the marriage but thereafter due to the marital disputes she is not in a position to pursue her job and has left the same. In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not disclosed her true qualifications in the Court. The applicant/ wife is an engineer graduate and, therefore, can very well maintain herself and there is no need for her to depend upon the mercy of her parents or on the non-applicant/ husband. The purpose of Section 24 of H.M. Act is not to extract money from the other party and the court should not be a forum to extract the money or to blackmail the other party. In II (2000) DMC 170 titled as Mamta Jaiswal Vs. Rajesh Jaiswal, the Hon’ble Madhya Pradesh High Court has observed as under:-

“Section 24 – Pendente Lite Alimony : Purpose of Enactment : Not meant for supporting idle (Qualified) spouses waiting for ‘Dole’ to be Awarded by her husband – Section 24 has been enacted for purpose of providing monetary assistance to such spouse who is incapable of supporting himself/ herself in spite of sincere efforts – Spouse well qualified to get service immediately with less efforts is not expected to remain idle to squeeze out his/her purse by cut in nature of pendent elite alimony – Wife well qualified woman possessing qualification like M.Sc., M.C. M.Ed – How can such a lady remain without service – lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and put her burden on husband for demanding – pendente lite alimony from him during pendency of matrimonial petition.”


6.. In I (2001) DMC 19 titled Sangitaben Rasiklal Jaiswal Vs. Sanjay Kumar Ratilal Jaiswal, Mehsana, the Hon’ble Gujarat High Court has held that the wife is entitled for Free Legal Aid and therefore, the Court should keep in mind that wife is entitled for free legal services also.


7.. In the present case the applicant/ wife is a well qualified engineer and, therefore, there is no need for her to sit idle at home waiting for the maintenance from the non-applicant/ husband. In the peculiar facts and circumstances of the case since the applicant/ wife is well qualified and, therefore, can earn handsome amount by working and there is no need for her to be financially dependent upon her parents or on the non-applicant/ husband, she is not entitled for any maintenance. While hearing arguments on the application it was ordered that the maintenance shall be granted to the wife till the disposal of the petition. This sentence in order sheet dated 27.08.2007 only means that the wife is entitled for the maintenance from the date of filing of the application till the disposal of the main petition and not thereafter. It no where reflects that the wife shall be entitled to maintenance I every case come what may.


8.. Therefore, in view of the above said discussion, the application U/s 24 Hindu Marriage Act of the applicant/ wife is dismissed. There shall be no orders as to cost. File be consigned to Record Room.
Announced in Open Court
Dated : 19.09.2007
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
In Smt.Mamta Jaiswal vs. Rajesh Jaiswal 2000(3) MPLJ 100, the High Court of Madhya Pradesh while dealing with identical situation observed that well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have to be discouraged, if the society wants to progress. For better appreciation, relevant paragraphs of the said decision are reproduced hereunder:-



"In view of this, the question arises, as to in what way Section 24 of the Act has to be interpreted. Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his or her expenditure? Whether such spouse should be permitted to get pendent lite alimony at higher rate from other spouse in such condition? According to me, Section 24 has been enacted for the purpose of providing a monetary assistance to such spouse who is incapable of supporting himself or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent lite alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose. In the present case Mamta Jaiswal is a well qualified woman possessing qualification like M.Sc. M.C M.Ed. Till 1994 she was serving in Gulamnabi AzadEducation College. It impliedly means that she was possessing sufficient experience. How such a lady can remain without service? It really put a big question which is to be answered by Mamta Jaiswal with sufficient cogent and believable evidence by proving that in spite of sufficient efforts made by her, she was not able to get service and, therefore, she is unable to support herself. A lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and to put her burden on the husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a „dole? to be awarded by her husband who has got a grievance against her and who has gone to the Court for seeking a relief against her. The case may be vice versa also. If a husband well qualified, sufficient enough to earn, sit idle and puts his burden on the wife and waits for a ?dole? to be awarded by remaining entangled in litigation. That is also not permissible. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, at least, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse, once dear but far away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendent lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That cannot be treated to be aim, goal of Section 24. It is indirectly against healthiness of the society. It has enacted for needy persons who in spite of sincere efforts and sufficient effort are unable to support and maintain themselves and are required to fight out the litigation jeopardizing their hard earned income by toiling working hours
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. Practically speaking maintenance received from husband can not substitute the salary received by you. So giving up employment for maintenance has no reason,

2. However, ensure that your husband does not come to know about your present employment,

3. Once you are employed, you are not entitled to maintenance and can not claim maintenance only for the period when you were not employed,

4. He is not ordinarily expected to have access to yiur IT return or TDS ccunt with out Court order.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
The court can consider only the current income and not past income. To obtain divorce you are required to file for divorce on the grounds available to you. Your IT returns are sufficient to prove your earnings. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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