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Offline nisha3076

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« on: September 19, 2013, 01:30:36 AM »

After 13 years of marriage we got mutually divorce. i have a daughter 12 year old placed in residential school and i have her custody with 30K maintenance. This clause was put mutually by my partner and now he deny to pay maintenance amount nor he is letting me stay with my child when she is home on weekends.

I stay in rented house for which my partner pays rent and all the amenities brought in house belong to me. He has visiting rights and keep visiting during weekends for daughter. He is asking me to vacant the house which belongs to his girlfriend (Owner) of the house. He keeps torching me mentally and try to have physical  relation with me. I am a working professional earning decent for my living.

He has moved on in his life and staying with his girlfriend. I have no idea what do i do at this situation to stop him torchering me. My salary is not too much that i can pay my daughter's boarding school fees. I am depending on the maintenance amount for school fee and house rent.

note- kindly advice

Offline Advokaterajiv

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« Reply #1 on: November 27, 2013, 03:11:24 AM »
Dear Nisha,

The concept of ‘maintenance’ in India is covered both under Section 125 of the Code of Criminal Procedure, 1973 and the personal laws. This concept further stems from Article 15(3) and Article 39 of the Constitution of India, 1950. Under Indian law, the term ‘maintenance’ includes an entitlement to food, clothing and shelter, being typically available to the wife, children and parents. It is an outcome of the natural duty of a man to maintain his wife, children and parents, when they are unable to maintain themselves. The object of maintenance is to prevent immorality and destitution and ameliorate the economic condition of women and children.

However, with respect to the duration of the maintenance, “If the Court is satisfied that the wife in whose favour an order has, been made under this section has remarried, or is not leading a chaste life. It may at the instance of the husband vary, modify or rescind any such order and in such manner as the Court may deem just. Also, if the husband after wards, from any cause, becomes un-able to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the Court seems fit.

However, having regard to your financial condition and the fact that your husband is still living with his girlfriend there should be no problem in you claiming the continuance of maintenance. Also, with respect to your ex-husband mentally and physically torturing you and violating the conditions of the custody of your daughter, you may approach the CAW. You can file a complaint with respect to the violation of conditions of visitation and as a result of that his visitation rights can also be taken away.

Adv. Rajiv Malhotra


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