Legal Question in Family Law in India
Please be informed that a marriage was held in 14th Sept. 2000 to one of my relatives. On reception day and during reception the girl without informing even to the boy left the placeon her own and did not come back on the same day. After that she was again called by boy's family and she came but for few days. One morning, while boy's family members were sleeping, the girl cut off the gas pipeline when the gas was open and when the family members felt the smell of gas, the boy immediately closed the cylinder and somehow they escaped from the disaster. After that the girl took all her belongings and left for her home. When the family members and boy called her back many times from her home the girl's parents did not send her back and the boy visited personally to the girl's residence where he was ill treated. Even after this incidence also the boy and his family members asked the girl's parents to bring the girl to boy's residence and it was clear cut refused. In addition to that she and her family members asked the boy to send back the other items like cot etc. through Police and hence it was deposited with the Uttam Nagar Police Station and still it is lying there. After that a complaint was lodged with Women's Cell and the case was not settled over there and it took 2 years time in Women�s Cell and it was sent to Patiala Court. In the mean while the boy has lodged Divorce Case as it was more than 5 years time and the girl purposely lodged Maintenance Case. After the Women�s Cell sent the case to Patiala Court, Judge has given his order to pay maintenance charges Rs.6000/= to the girl every month. According to me that if a person left on her own and in spite of calling back not coming to boy's residence and when the girl has taken back all the things and made the boy suffered for the last 9 years for no fault of them need not be paid maintenance charges and the judgment can be challenged or an appeal to the same judge can solve the maintenance charges issue as the girl has left on her own and stayed away for more than 9 years. In fact the boy is the one who is suffering and not the girl in this case. I also feel that according to our Hindu Marriage Act, since they have not even exchanged phone talk / letters the point of Maintenance charges does not apply and the boy should get positive judgment from the court. Proper and Original Documentary proof is with the boy who gave all the things including jewels etc. Kindly advise what sort of action should be taken to stop the maintenance charges.
Your kind cooperation and your best advise will highly be appreciated.
Awaiting reply
Thanks & Regards,
Sincerely
Krishnan
2 Answers from Attorneys
The boy may challenge the trial court order granting maintenance to his wife by way of an Appeal to High Court, though the amount seems to be very reasonable. There is very dim chance of succeeding in appeal.
as per the law, the wife is not entitled to maintenance in case the husband is able to prove that the wife is staying away from him without a sufficient cause. in case the wife is guilty of desertion, she is not entitled to maintenance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
