This book is written from perspective of informing Indian men on how best to handle maintenance cases filed by wife, and how to deny or reduce the maintenance amount. The audience is especially men facing or likely to face multiple cases foisted by wife including IPC 498A, 406, 506, 34, 323 and others. Also, it will be useful for men who have filed RCR/divorce or wife has filed same on them, and now she has filed a maintenance claim under HMA 24. Handling maintenance cases of wife is a universal feature of all above scenarios, but unfortunately it is somewhat ignored in the initial stages by men with the result of getting burdened by high maintenance, and still having to fight cases for many years in court.
Broad areas covered in the book
- Understand what is maintenance, the need for it, and the history behind it.
- Develop a cool, calculated, unemotional approach to win the game, rather than betting on emotional responses like: "I will not pay a penny, and let's see what happens".
- Understand why reducing interim maintenance and final maintenance are the most important things to do in overall fight. Why they are even more important than fighting IPC 498A/406, divorce/RCR etc?
- Explore the bare act of CrPC 125 and understand its main points and their implications.
- Explore the bare act of PWDVA (DV Act) and understand its main points and their implications.
- Learn how to write your objections and deny DV allegations? Know which kind of evidences are helpful refute domestic violence allegations.
- Understand the concepts and implications of shared household and residence order under DV Act. Should you sell your house to protect it from falling into wife's hands? Should you transfer the house to your mother's name?
- What is a protection order? Understand all the sections under which wife can take your money under DV Act: monetary relief, compensation, maintenance. Learn the techniques on how to thwart these or minimize the damage.
- Understand the process of summons and other court procedures in CrPC 125 and DV Act cases. Is it a good idea to delay taking summons?
- Ways to find and manage a lawyer, negotiate lawyer's fees, communication etc. Filing vakalatnama, appearing in court.
- Find out what evidence to collect, and which evidence is most important to deny or reduce maintenance to wife. How to use CrPC 91 to get wife's employment records or bank statement etc. How to reduce own income in hand? Getting parents to file CrPC 125 on husband to reduce in-hand income.
- Some common myths to avoid in fighting maintenance cases - like leaving one's job or filing RCR.
- What happens if you don't pay maintenance? How much jail time can be ordered? Warning: Not a recommended 'strategy'.
- What needs to be done if arrears of maintenance have accumulated? Can you file appeal to reduce maintenance if arrears are pending?
- Go through important judgments/precedents about maintenance ordered under CrPC 125 and DV Act. Some judgments of HMA 24 are also covered to explain about maintenance principles, though discussion of HMA 24 is not in scope of this book.
- The judgments on maintenance are divided into sections based on whether one's wife is working, qualified but left job, qualified but never worked etc. An easy approach is given on selecting the appropriate judgment closest to the facts of your own case.
Finally, the appendices contain several full bare acts<