Legal Query on maintenance by wife under HMA Sec 125 of Cr.PC and DV Act, husband with physical disability can she get petition transferred

Q1. Initially, interim order under HMA 24 was passed under her RCR case for Rs 2500. My interim order under sec 125 was passed today in family court for Rs 1000

I wanted to ask:

Now that two orders are passed, is my understanding correct, that I will have to pay a total of Rs 3500 only, and inform the other court that such order under HMA 24 was already passed and now I will be paying Rs 2500+1000=3500?

Will I have to inform in the 125 case or in the HMA 24 case?

Also, since DV is also going on, where she has again demanded maintenance, damages, one time compensation, stridhan and rental, along with a rented house.

I wanted to know, now will the DV court also pass a separate order for the rental amount? Right now she is staying with her mom since last 1 and half years. Since she has asked for a rental amount along with a separate residence, will the rental component be added to the amount of Rs 3500 that I will be paying? Or does the amount under HMA 24 and 125 include the component of rent (shelter) for the woman.

I would like to take this opportunity to thank each and every one of you to continuously guide me all this while, due to which this amount has been reduced to rs 3500, as I was expecting more than rs 6000 to fall on my head, but only due to the guidance of experts like you, I am able to guide my own lawyer (who has openly admitted that I indeed have much knowledge than himself!)  - KS

Ans. Well, a married woman has a right to claim maintenance under all the provisions of law and if such order is passed, her husband has to pay her. This means you will have to pay the total of Rs.3500/- per month to your wife towards maintenance. Also I feel there is no harm in informing the Family Court (where your HMA petition is pending) about the other proceedings and vice-a-versa. This will help the Family Judge to take a proper view and pass orders accordingly.

Q2. I am an Indian Hindu-Male, 34, was married 4.5 years ago, have a son 3 years old, who was born in USA, and I have following points to discuss: I have filed for divorce 5 months back, but to harass me more my wife has applied for a petition to transfer the case to Bangalore (her Hometown), saying that she is employed and have to take care of her old parents as well as take care of our 3 year old kid.

·     MY PHYSICAL DISABILITY: I am “Unemployed” for last 1 year, so if she will make me travel from Mangalore to Bangalore every time just to take revenge, it is not financially possible. ABOVE ALL- I had an accident in USA and was in hospital for 7 months (+ 6 months recovery in India). I had a By-Pass surgery for broken ribs + Aneurism and now have an artificial graft attached to my heart, which gives pain all the time (and if unfortunately “God Forbid”, if the artificial graft leaks blood, then I have to be rushed to ICU immediately). Also I have a Titanium Rod in my right leg, and injuries on my left leg. Due to my head injury I lose balance many times.

·     NO MONEY: I am having hard time with money, with no job, so it will be a burden on me and my widow mom (bed-rest after knee surgery) to travel + hotel…etc. whereas she always travels through flight and as a Class-1 officer she get accommodation easily in Circuit House in every city in Karnataka.

·     My wife (also Hindu) left me for her job in India after our son was born in USA (after 7 months of his birth). She is a Class -1 officer with Karnataka Govt. (salary: Rs 7.5 Lacks + 4 – 7 Lacks under the table)!

·    We have been separated for almost 3 years now. We were married in my hometown: Mangalore.

·    My QUESTION: Will her petition for the transfer of the case to Bangalore can be contested in the court? She is just taking revenge from her Handicap husband!!!!

K RS

Ans. Well a wife has a right to apply for transferring the petition, where she is presently residing or living. However, you have strong grounds for opposing the transfer of your petition, you may do so or you also have a chance to settle all your issues in this transfer petition with the help of mediation. Another advice is if you are actually disabled and not earning a living, you may also file for maintenance against your wife. However, be sure, you are truthful enough and not merely fooling around.