• My wife left her matrimonial home at her own will without sufficient cause

She has been granted maintenance by the lower court. Her father sent her air ticket via email requesting us to let her come to Kolkata for a week's holiday as I was to attend an official assignment in a far-off town. In the email, her father clearly wrote '' Please board my daughter in the mentioned flight (Indigo 6E 272) from Coimbatore to Kolkata. Departure at 10 A.M on 02.02.2016 and I shall receive her at Netaji Subhas Chandra Bose Airport, at 1.45 P.M. During the flight Journey she will come at her own will."
But after 7 days she did not return and asked me to go to Kolkata and live with her parents as she was their only child. All my persuasion went in vain. After 2 months she filed a complaint under 498A, 406 and also subsequently another suit for maintenance which I contested but the lower court granted her maintenance of Rs 3000/- per month for which I have gone in for an appeal.which is in process.
 Under the circumstances, I would like to know how the said order can be quashed .
Asked 7 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu

1. A wife deserting husband on her own will is not entitled to maintenance and the email sent by her father is a goof proof of it.

2. SO in the maintenance case you cna take this defence to avoid her maintenance.

3. For 498a Case you will have to first take bail which is not so difficult and once bail you will have to contest the case on merit.

4. You have a  good case if you challenge the order of maintenance in higher court.

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

Rs 3000 maintenance is reasonable amount 

 

2) you have not mentioned what is your income 

 

3) if your wife is not working. She is entitled to maintenance 

 

4) in false 498 A case apply for anticipatory bail from sessions court 

 

5) wait for police investigations to be completed and charge sheet filed 

 

6) then based on legal advice file for discharge before trial court or quashing in HC 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

You cannot quash the order only get it set aside before appeallate court

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

See you have mail as direct proof also if she has no evidence of cruelty then you can file quashing before the high court seeking wishing of the FIR on ground it is false there is no harassment she walked away on her will.

Further ss far as maintenance is considered the amount though is low and in appeal also court may keep same even in case she deserted.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

As per Supreme court judgement , wife  is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Furthe, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, wife is not entitled to claim maintenance , if she deserted her husband without any reasonable cause. 

- Since, she has already granted maintenance under section 125 CrPc , then you should challenge the same in higher court , on the ground desertion , and after showing the proof as you mentioned . 

- Further, you should file an petition before the High Court , for quashing the FIR under section 498A/406. 

Mohammed Shahzad
Advocate, Delhi
2605 Answers
35 Consultations

5.0 on 5.0

Do you have proof of her demand to live with them ? If yes than submit in court, maintainance order will set aside in appeal. Also apply for anticipatory bail.

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

A criminal revision must be filed against this order as she herself is guilty of cruelty against you. She left her matrimonial home at her own will and hence us not entitled to maintenance.

Regards 

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

Maintenance order cannot be quashed.

You can contest the same and prove to the court her educational qualifications, earning capacity with material proofs and get the same dismissed.

Maintenance of wife & dependant parents is duty of husband / son.

 

S Srinivasa Prasad
Advocate, Hyderabad
1946 Answers
7 Consultations

5.0 on 5.0

1. You have already filed an appeal challenging the said maintenance order passed by the lower Court.

 

2. You shall have to pursue the appeal fittingly.

 

3. The maintenance order will not be quashed but set aside by the appellate court.

Krishna Kishore Ganguly
Advocate, Kolkata
24048 Answers
662 Consultations

5.0 on 5.0

The said order is difficult to be quashed but your income is not that much that can be lower by the court.The thing which you can do is goo for full and final settlement if you don't want to live with your life.

 

Case can be transferred in mediation and you can mediate on the issue in between you can take various other legal action for your safety .

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

If she is unemployed and do not have any source of income to sustain her own expenses then the court may grant her maintenance.

In view of the facts of law, the order passed by the trial court granting maintenance cannot be quashed by the appellate court however you have preferred an appeal against the same, hence you may wait for the decision of the appellate court.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

First of all to get the relief with regards to your arrest you can file a case for quashing of the FIR in the High Court and get the arrest stay thereafter you will have to cooperate in the investigation and will have to present your evidences.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

1. The courts seldom deny maintenance to wife that she has left the matrimonial home without sufficient cause. Practically, maintenance is denied only if it is proved that she is in adultery or is earning sufficiently.

2. Be that as it may, as you have filed the appeal you should prosecute it on merits.

 

Ashish Davessar
Advocate, Jaipur
28733 Answers
836 Consultations

5.0 on 5.0

Please note that this is interim relief that has been granted for the maintenance if you go for the revision of this maintenance it is not going to get anything as this is very minimum however the actual maintenance will be decided by the court based on your income and the social background this order of the maintenance cannot be quest because maintenance to the wife is your responsibility and even in case of anytime preceding interim maintenance will be allowed for the maintenance as well as for the legal expenses increase you want to be with your wife and child Restoration of conjugal right under section 9 of the Marriage Act and if your wife responds then you have to contest the case otherwise ex Parte decree can be allowed to you that will be a ground for filing a divorce petition both of you are living in different places of course it will be very difficult for you to travel to Calcutta for every now and then to attend the case

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

For getting the orders quashed you have to prove that she left on her own will without any fault from your end. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

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