In a unique case, a man who was accused of rape and unnatural sex by his wife, has now filed for maintenance from his spouse on pretext of losing job opportunities and earnings due to alleged false cases in the matrimonial case.
The plea has been filed at Saket court in Delhi.
Case:
Vikrant (husband) has sought monthly maintenance from his earning wife, as he is unable to sustain himself because of the ‘false’ allegations made against him – matter is still pending.
The wife in this case is an MBA and earning Rs 62,000 per month, while the husband is a Bachelor of Arts and currently unable to sustain himself.
Invoking Section 24 of the Hindu Marriage Act, Vikrant has demanded monthly maintenance from his wife till the pendency of the divorce proceedings. (The section allows husband or wife to claim maintenance during the pendency of divorce proceedings if he or she does not have an independent source of income).
Husband’s Allegations
Due to the false cases of rape and unnatural sex filed by his wife, he has lost out on opportunities to be gainfully employed. His own consultancy is also not doing well and his physical condition has deteriorated due to hypertension and stress-related issues.
The application also states that he is unable to sustain himself and that no MNC will hire him due to the ongoing criminal and civil cases pending against him.
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Vikrant, who is represented by his pro bono counsel Lakshay Yadav, has sought interim maintenance of Rs 25,000 from his wife till he gets another job. He has also sought monetary support towards education from his wife, to clear LLB examination from Delhi University. Since his health condition is also not mentally and physically stable, Vikrant has sought monetary support for care and treatment of his diseases at a good hospital.
The court has ordered him to pay Rs 1,500 per month each to estranged working wife and their son, under Section 125 of the Criminal Procedure Code. Vikrant has claimed review plea against this maintenance order and a plea for perjury charges against the wife was still pending.
Wife’s Defense
The wife claims that the husband is earning nearly Rupees one lakh per month. The family court has listed the matter for final hearing this December.
The woman alleges that her husband has ‘cunningly’ reduced his ITR filings. The wife on the other hand, called the man’s plea as “frivolous and misconceived”. She also said that her husband could get a job any day as he drafted this application himself.
She also claimed that he had not produced any documents to demonstrate that he had applied for LLB Entrance exam.
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Can I also put this application in the court? Because I married my girlfriend in the Arya Samaj temple. But on the same day she went back to her home. Because we did love marriage. The girl’s parents did not like me.1.5 months of marriage, the girl went to visit her relatives in Mumbai with her grandmother. Changes in his way of talking started after she got there Because of which a fight started between us. And one day due to the fight, I abused her in anger. After which she molested me to be quiet but in anger I did not reply to him. The next day when I relaxed. I tried it but there was no response after that, but I tried calling but the phone was also switched off.Then after 3 months when she came back from Mumbai, she committed a rape case against me after which I had to stay in jail for 11 months.