Interim Maintenance under section 24 of HMA
I was married in Dec-13 and after some time my wife started doing such behaviour which can not be accepted by any husband and in continous to above one day i saw some unparliamentrive pictures of her with some other boys. After seeing all i kept calm to save my marriage and waiting for good behaviour from side of my wife with time but all had gone vain and she left my home after one year i.e. dec-14 thereafter she went somewhere in feb-15 without any information of her parents relative and me. after waiting of one week her father got registered missing report of her in a nearby police station in presence of us. After all she came to her parent's home after 16 days and gave her statement in police that she left her home in pressure and have no any complaint from me and my family . Thereafter in May-15 we mutually agreed to take divorce from each other and in this regard i have given all stridhan and Rs. 5 lacs through d.d. in permanent alimony and agreed to file petition u/s 13B of HMA. All these above things had written on a stamp paper of Rs. 100/- with sign and thumb impression of both of us and our parents in presence of approx. 10 witness and same made attested by notary public.
But on next day of said MOU, my greedy wife refused to file petition u/s 13 B and demanding Rs. 3 lacs more to file mutual consent divorce. After making all efforts to make her agree for 13 B petition, I filed petition u/s 13A for divorce after six month i.e. in Jan-16. Then she also filed application u/s 24 of HMA for make give Rs.15000/- per month. On hearing of her petition the blind and corrupted court of india, it awarded her Rs. 8000/- p.m. maintenance with other legal expenses without any consideration of Rs. 5 lacs which i have given to her just one year before.
Summry of case:-
1.Wife is characterless i have appropriate proofs to prove this.
2. Wife had ran away from her house for 16 days without any permission of me and her parents also.
3. We have singed a MOU and given Rs. 5 lacs to her in permanent alimony.
5. My wife is under graduate and perhaps she is earning and I am in govt. Service and earning Rs. 32000/- p.m. approx and both my mother and father are depedent on me.
6. After all above court awarded interim maintenance of Rs. 8000/- p. m. to her.
Looking forward for yor kind and positive advice in this regard.
With Warm Regard