Fight against section 24 – Interim Maintenance.

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    • #409


      MyNation Foundation;

      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


      Agrumants :

      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

      Rajeev Sharma

    • #1933

      You have to use other old judgment on same subject; where intrim is denied based on same facts as you.

      Browse for the judgment.

    • #1934

      Dear friend,

      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. 9821387099, 9224799546

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