Legal Question in Family Law in India
Respected jury members, i have been married on 10 may 14. It is an love cum arrange marriage. However, the marriage was broken on 13 May 14, three days after marriage. As she was decided to commit suicide withe her boy friend as all the conversation has been recorded in my phone through auto call recorder as she took my mobile to speak with her boy friend. The next day i send her home back. And i filed FIR in police station regarding her suicide conversation on 18 May 14 and filed for annulment in family court and sec 420 in MM Court for cheating me. Before marriage i transferred 90000 to her father's account for financial support for marriage and purchase bike and pretended to be gifted by girl's side. After 8 months they filed maintenance under sec 24, 498A and DVC. Three mediations failed and i have the fear of interim maintenance. I have the evidences of following:- (a) Phone recording in my mobile. (b) marriage video in whic she refused to put hands on her close up photo shoots and other dislike behaviour on during wedding ceremony (c) Voice recording of her and her relatives using abusive words and she shouted that she was not interested on me, with my force only she married. (d) bank transaction form of rs 90000 (e) My honeymoon package tickets and flight tickets which was planned on 17 May 14 ( we didnt gone as she avoided). (f) No physical relationship as she avoided me during first night. She agreed before judge during mediation. These evidences are enough to avoid or reduce interim maintenance and to fight for annulment of marriage and other cases she filed against me. If IA implies on me what it will be when i am getting 30K per month in which i have to clear debts which was taken for conduct of my sisters marriage happened just one month before my marriage and my marriage which was done at my residence with my expenditure. She was studied class 10th. Please i requesting you to forward your valuable answers/suggestions.
1 Answer from Attorneys
1) It is not only to prevent destitution and vagrancy of the complainant (woman) that interim maintenance is awarded, but also to be awarded where the wife has become used to a certain standard of living by virtue of her marriage with a man of means so she should not be suddenly deprived of the said luxuries to which she has become used to.
2) �Interim maintenance is also awarded to ensure that during the pendency of the proceedings, the wife is able to maintain the same standard of living which she was used to, in her matrimonial house because of the earning of the husband,� the court said.
3) All depends upon the standard of living of the wife, the means of the husband and various factors the court will consider and fix the amount of maintenance accordingly.
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