Naukri.com link to find latest resume of wife
http://demologin.resdex.naukri.com/search/ezSearch
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First whether its CrPC 125 or 24HMA, the factors considered for grant of maintenance broadly are following:
1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents.
One factor diffirentiates in CrPC125 and 24HMA. Most of the High Courts have rulings which states that if the wife is earning/ has a permanant source of livelihood, she is not entitled for maintenance under CrPC 125. Whereas in 24HMA she can still claim maintenance, because this section empowers her to stay in the same kind of comfort/ life-style, which she was living in her matrimonial home.
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1. Prove wife is earning. NO MAINTENANCE
2.If you have filed RCR, then maintain that you are willing to maintain the wife in her matrimonial home and hence there is no need to pay her maintenance. As any maintenance paid would make your efforts of a successful married life fail. LESS MAINTENANCE IS AWARDED IN SUCH CIRCUMSTANCES.
3. Show your liabilities in terms of Debts/ Parents/ Dependent siblings. LESS MAINTENANCE.
4. LAST BUT NOT THE LEAST. IF THE WIFE HAS CONCEALED ANY INFORMATION, LIKE ANY KIND OF INCOME (NO MATTER HOW INSIGNIFICANT), HER PREVIOUS WORK EXPERIENCE (EVEN BEFORE MARRIAGE). USE THE SAME AGAINST HER BY STATING THAT THE PETITIONER HAS NOT COME WITH CLEAN HANDS. THIS WORKS. THERE ARE MANY AUTHORTIES ON THE SAME ISSUE WHERE MAINTENANCE WAS DENIED ON CONCEALMENT OF VERY INSIGNIFICANT FACTS
5. And the acts empower you to move revision petition/ review petition against any orders passed against you or whenever there are change in circumstances, like wife has started working, the custody order is in your favor. Your parents need additional care due to illness etc.
6. We replied that govt has opened shelter homes for needy women who are helpless and can not work. Such shelter homes take care of these "needy women" FREE OF COST. They not only provide free shelter but also free medical and help in self earning. "Shelter homes have
been mentioned in DVA also." We also submitted taht though the shelter homes are free, but still if they need some monetary help we are ready to pay 500/- p.m.
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
http://demologin.resdex.naukri.com/search/ezSearch
----------------------------------------------------------------------
First whether its CrPC 125 or 24HMA, the factors considered for grant of maintenance broadly are following:
1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents.
One factor diffirentiates in CrPC125 and 24HMA. Most of the High Courts have rulings which states that if the wife is earning/ has a permanant source of livelihood, she is not entitled for maintenance under CrPC 125. Whereas in 24HMA she can still claim maintenance, because this section empowers her to stay in the same kind of comfort/ life-style, which she was living in her matrimonial home.
---------------------------------------------------------
1. Prove wife is earning. NO MAINTENANCE
2.If you have filed RCR, then maintain that you are willing to maintain the wife in her matrimonial home and hence there is no need to pay her maintenance. As any maintenance paid would make your efforts of a successful married life fail. LESS MAINTENANCE IS AWARDED IN SUCH CIRCUMSTANCES.
3. Show your liabilities in terms of Debts/ Parents/ Dependent siblings. LESS MAINTENANCE.
4. LAST BUT NOT THE LEAST. IF THE WIFE HAS CONCEALED ANY INFORMATION, LIKE ANY KIND OF INCOME (NO MATTER HOW INSIGNIFICANT), HER PREVIOUS WORK EXPERIENCE (EVEN BEFORE MARRIAGE). USE THE SAME AGAINST HER BY STATING THAT THE PETITIONER HAS NOT COME WITH CLEAN HANDS. THIS WORKS. THERE ARE MANY AUTHORTIES ON THE SAME ISSUE WHERE MAINTENANCE WAS DENIED ON CONCEALMENT OF VERY INSIGNIFICANT FACTS
5. And the acts empower you to move revision petition/ review petition against any orders passed against you or whenever there are change in circumstances, like wife has started working, the custody order is in your favor. Your parents need additional care due to illness etc.
6. We replied that govt has opened shelter homes for needy women who are helpless and can not work. Such shelter homes take care of these "needy women" FREE OF COST. They not only provide free shelter but also free medical and help in self earning. "Shelter homes have
been mentioned in DVA also." We also submitted taht though the shelter homes are free, but still if they need some monetary help we are ready to pay 500/- p.m.
CRPC125:
(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.
<For my case she has no concent on living with me>
The Hindu Marriage Act , 1955 - Section 24
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
Now i say when ever you are in this kind of situation the first then you need to do as told by Shoneeji & immediately Counter case ( more over i say always file case so that you again benefit out from it ) file case that you have 100 of libilites with you and you need help from your beloved wife to support .
- Another important point is wife/female partner can claim maintenance under the DV act. This is in addition to other maintenance ordered under CrPC 125 or HMA section 24. So in case your wife is granted maintenance under CrPC 125 or HMA section 24, then your lawyer has to forcefully argue to the court that basic need of the wife is taken care by other maintenance and hence there is no need of any additional maintenance.
- Please remember that under DV act Magistrate is having sweeping powers. So make sure not to keep much cash in the known bank accounts.
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Preserving asset:
- convert all the money to Gold coins. Withdraw the money slowly.
<refer documets in local machine>
- PF and PPF nobody can touch
- Sell the property to somebody before IRBM, since wife lives far away RTR she will not take.
Gifting is not recommended. Since it is seen in past that gifts are never returned back.
- No need to take loans on NSCs
- you can gift jwelleries to your sister as well
=====================================================================================
- Another important point is wife/female partner can claim maintenance under the DV act. This is in addition to other maintenance ordered under CrPC 125 or HMA section 24. So in case your wife is granted maintenance under CrPC 125 or HMA section 24, then your lawyer has to forcefully argue to the court that basic need of the wife is taken care by other maintenance and hence there is no need of any additional maintenance.
- Please remember that under DV act Magistrate is having sweeping powers. So make sure not to keep much cash in the known bank accounts.
===============================================================================
Preserving asset:
- convert all the money to Gold coins. Withdraw the money slowly.
<refer documets in local machine>
- PF and PPF nobody can touch
- Sell the property to somebody before IRBM, since wife lives far away RTR she will not take.
Gifting is not recommended. Since it is seen in past that gifts are never returned back.
- No need to take loans on NSCs
- you can gift jwelleries to your sister as well
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my question will judge attach my ancestral property in 125 interim maintenance execution if i donot pay
>> Yes the judge can attach your property in execution proceedings.
what is the way to save 9% stamps duty fee when i transfer my property to my brother or mother.
>>Gift deed will cost max Rs 1000. not 9% duty. Check with the sub registrar in your area. It depends from state to state.
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Even if your wife is earning and she may not get maintenance, but litigation expenses is denied very rarely by courts
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judgment :https://docs.google.com/document/d/10nR_7UhpWejbkkKiHVMEHgixCDmn9ZnpucEIlu1kOYs/edit
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>> Yes the judge can attach your property in execution proceedings.
what is the way to save 9% stamps duty fee when i transfer my property to my brother or mother.
>>Gift deed will cost max Rs 1000. not 9% duty. Check with the sub registrar in your area. It depends from state to state.
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Even if your wife is earning and she may not get maintenance, but litigation expenses is denied very rarely by courts
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judgment :https://docs.google.com/document/d/10nR_7UhpWejbkkKiHVMEHgixCDmn9ZnpucEIlu1kOYs/edit
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No it is not.....u need to mention the case details.....your relation with the Person...and also needs to state that the person against whom you have filed RTI has given false information in Court.
Thats all.....this is the way i was able to get details from PF office by RTI.
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https://docs.google.com/document/d/139EUXmf9xPAAhLfa2D8AJ04IHeX0FrYZ-21WwWknT9Q/edit
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HC delhi directed MBBS wife to work for society if she wants mentenance:
https://ipc498a.files.wordpress.com/2008/10/justice-dhingra-hammers-crpc-125-into-shape.pdf
Thats all.....this is the way i was able to get details from PF office by RTI.
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https://docs.google.com/document/d/139EUXmf9xPAAhLfa2D8AJ04IHeX0FrYZ-21WwWknT9Q/edit
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HC delhi directed MBBS wife to work for society if she wants mentenance:
https://ipc498a.files.wordpress.com/2008/10/justice-dhingra-hammers-crpc-125-into-shape.pdf
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