Dear Sir/ Madam, My name is atul kumar soni age 31 and was working in pvt bank as asst manager in nagpur.On 18.4.2018 i got married wherein my wife hails from balaghat mp.prior to marriage i disclosed to her and may family abt my family detail and job status to which they agreed and also assured that girl wil take good care with respect of ur family.my wife has done mba from bhopal and was working as teacher before marriage. After marriage she and her family completely changed with their words and started dominating me and create fuss on each n every day.however i use to make her understand and was hopeful that she will understand slowly. Bt this did not happen as she left my rented home in nagpur on 18.12.2018. I tried to contact her through call messages wats ap but she didnt replied. I waited for some days bt no reply was received. So under consultation with lawyer i filed case under sec 9 rcr in nagpur family court in jan 2019. We did not have any child as well. She appeared for 1 counselling wherein she told i do not want to live with my husband any long and in second counselling she started claiming for maintenance. For third and fourth counselling she did not even appeared. in nagpur family court she even filed sec 24.she has walked away with all jewelleries but still making claim from me.i have filed the same with local police station in nagpur.now she is in balaghat wherein she has filed sec 125 in both session court and family court, basis domestic violence dowry , no care for her etc.her notices served as on date have all variations in description with all false claims.i have my landlord as witness ready,medical reports, health check up reports, trips pics , parties pics, festival pics, grocery invoices,other documents like chaeacter certificate from office staffs to falsify her allegations.she has claimed from me 30000 pm , house in balaghat , jewelleries amount and day to day other expenses.i left my job on 21.1.2019 due to such personal life tragedy and currently have no source of income and staying with depedency on my parents in korba cg.her parents are calling my relatives in agony and threatining to destroy my life.my balaghat lawyer has asked to wihdraw the nagpur sec 9 case andlodge in balaghat court.her father is pensioner and unmarried brother is in US leaving luxurious life as he is at senior position in mnc. Pls advise fate of my case from your humble and rich experience.
Non earning status of husband dose not effect claim of maintenance and only wife personal income/assets court will consider to grant/refuse maintenance.
All you need to prove that she is unwilling to stay with you and deserted for no fault of yours. She may refuse maintenance than by court. She has no property right.
Since i know i have not done any wrong to her and i am willing to keep her. I do not want to pay any maintenance as i have no source of income as on date.she and her family is capable to take care on own.moreover making false claims and then paying her such heavy maintenance is totally unjustified.pls guide me post understanding my scenario.my mobile no [deleted]
See in case are false and she has no evidence to support at all you can file a quashing petition before high court to quash her false DV complaint.
Further 125 crpc case has to be contested on ground that she deserted you ,currently you are not earning and further she is well qualified to earn.
Further in case she is not ready to stay without you enter in settlement and seek mutual divorce.
Record her/parents threats of false cases, best defense. Call her and record her admission that her allegations are false.
Continue with the RCR petition. Take a note that your wife shall have to prove the reasonable excuse for withdrawal from your society. Tell your lawyer to take care of it. Try to get the RCR decree.
Raise strong objection to her claim of maintenance under section 125 on the ground that she is totally capable of maintaining herself as she is educated if she is so and also on the ground of her leaving your society for no apparent justified causes.your lawyer should fight for this.
In DV case prove all allegation are false. No claim shall arise once it is proved that domestic violence has not caused to her.
Further inform court you have no regular source of income.
Do all these first. Share the development for further necessary advice.
It is strongly ADVISED not to go for any out of court settlement. Do everything as per court order .
Another thing . Sometime in some cases lower court judgements lacks reasonability. So keep some mental preparation for moving to high court.
You can proceed with RCR case in family court if you want her back. You can object to the maintenance application on the said ground that you will take care of her.
Dear Sir, I have my sufficient evidences and witness in place to falsify her allegations. However as it is sec 125 and she and her family are not even ready for discussion...i want to know since i have no source of income or any personal own property...how far court will favor me for not paying any maintenance considering my whole case scenario....??? Also should i withdraw my rcr case lodge in nagpur and continue in balaghat to prevent from interim maintenance and saving my parents hard earn money spent on travelling to n fro...???
Already informed you, non working status of husband has no effect to deny maintenance to wife.
There is no guarantee that she will not claim maintenance if you transfer the case at her place. Do not do that. Compel her to come at your place.
Engage some good lawyer. Your lawyer has to fight in court . Otherwise court from its own can hardly do anything.
Remember law is not for the wrongdoers to use the law as sword.
Court can not order for maintenance to husband having no regular source of income. But unfortunately some lower court issues such order which are totally against principle of law.
That's why I advised you to be mentally prepared for moving to high court against such halfbacked and unreasonable order, if any.
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- As pe law, Wife is not entitled to receive maintenance , if she refuses to live with her husband without any sufficient reasons.
- You have already filed RCR petition , try to prove that without any disturbance from you , she living separetely from you , and due to joining the matrimonial life , you have filed this RCR case.
- Speed up this RCR trial , so that you may receive judgement in your favour ealier than her filed case orders.
- If you will get RCR order in your favour , then yours mostly problems will be solved automatically.
- Further , as per Supreme Court Judgement , an educated wife is not entitled to get mainteance as well.Hence produce the proof of her education before the court under section 125 .
-Her brothers or his parents income will not counted for fixing the maintenance . Only the above two laws can protect you from paying maintenance to her.
- Since, due to her harassment you have already loose your job , you will have to prove this facts before the court as well.
RCR is useless
2) withdraw RCR
3) if wife does not want to stay with you file for divorce by mutual consent
4) if wife is not agreeable contest false DV , dowry harassment case filed by wife
5) apply for and obtain Anticipatory bail from sessions court
No need to bow down to pressure tactics
contest false cases filed by wife
See if you present an affidavit and statements showing you have no job and are going through stress and difficult time and also since she is qualified court may consider your case and reject 125 crpc application.
See since you have already filed and the place i.e. balaghat has proper jurisdiction you can continue with the case.
See it's a husbands obligation to maintain his wife. Withdrawing of rcr application is your discretion. You can object and at least reduce the amount
Hello,
Court will see if you are able bodied and competent enough to provide her maintenance.
Regards
Dear Sir,
Produce the following documents in your defense:
Q. Can I bring some facts to the judge and get my maintenance reduced?
A. Yes.
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA).
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc.
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance.
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC).
Dear
As you have sufficient evidence in your defence then it would be better to continue with the cases and defend yourself.
You should not withdraw section 9 case let it reach its verdict. As it can benefit you in future in maintenance case.
The maintenance in your case depends on your capacity to earn as you currently have no job but you are capable to earn handsome money.
She has filed various fable cases namely DVC, 125 maintenance case etc.
Well, you may have to challenge those false cases on the basis of documentary evidences and merits in your side.
You can present all those evidences in your support before court and can deny to give any maintenance amount to her.
You may provide documentary evidences before court towards income proofs and also about her employment details.
You can also mention your current employment status before court and seek to dismiss her application seeking maintenance.
For the present you do not withdraw the RCR case.
At the same time you can present your side merits before the court and request to dismiss the maintenance case filed by her stating that you are always ready and willing to take her back to the matrimonial fold whereas it is she who fled the house abandoning the matrimonial life.