- This topic has 2 replies, 1 voice, and was last updated 10 years, 11 months ago by Anonymous.
30/12/2010 at 6:29 PM #409AnonymousGuest
Sub : Fight against section 24 – Interim Maintenance.
I got married on 14th December 2006; my wife started harassing me from
the day one. She did not allow me even to touch her with some hidden
goal in her mind. So the marriage could not be consummated. There was
no sexual relation between us. She stayed with me for 1-½ months only
from 14-12-2006 to 12-2-2007 as she went to her father’s house 3 times
during this period.
She left the matrimonial house on 12-2-2007 willingly on her own with
all jewellary & other items given to her by our side on Goad Bharai.
She is now staying at her father’s residence for the last 3 ½ years.
She with her father falsely accused of Sexual Incompetence just after 4
months of marriage i.e. in April 4, 2007 meeting. With these false
accusations & other false charges she with her father went to Mahila
Ayoug Delhi on 7th March 2008. The case was closed on 2-12-2008 as I
provided Sexual Competence certificate from RML Hospital.
When she did not come back to the matrimonial house even when two years
passed a Divorce Petition as filed by me on 17-3-2009. Instead of
giving answers to main petition she filed maintenance application under
Section 24. By insisting court let them file first answers of main
petition then decide about maintenance. By forcing again & again she
finally submit answers.
She filed for Maintenance under Section 24. The case was filed at
Rohini Court, Delhi vide Case No. 307 / 2010 in the court of Justice Sh
Dilbag Singh. He give judgement : – to give her Rs.4500/- pm as
maintenance from the date of case file & Rs. 9000/- for legal expenses.
A wife who has deserted her husband willingly on her own and falsely
accused him of sexually incompetence she should not be entitled of
During arguments my lawyers explained every points like
1) no maintenance to deserted wife
2) no maintenance to idle qualified wife
3) She don’t want to returned back as contradictory statements in
her petition & application to mahila Ayoug.
4) She did not wants maintenance, she claimed in Mahila Ayoug.
5) She left on her own free will.
But judge did not listen to it. He says first he will pay / allow
maintenance then he will stat further.
This is wrong. If wife ran away why to pay interim maintenance.
Kindly do the needful.
Thanks & regards
03/01/2011 at 9:02 AM #1933AnonymousGuest
You have to use other old judgment on same subject; where intrim is denied based on same facts as you.
Browse http://mynation.net/docs/sitemap/ for the judgment.
03/01/2011 at 1:44 PM #1934AnonymousGuest
if all are the true facts as you have stated, then it is proved that your wife is not willing to continue her matrimonial relations with you, it may be under the influence of her parents. It better way as you have filed divorce petition. You have no need to be worry.
http://www.jaihindlegal.com 9821387099, 9224799546
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