Q: Which strategies should be applied to preclude interim maintenance to wife ?

Ans:  Following are the strategies that should be applied to preclude the interim maintenance by honourable court: 

1. It  should be prepared for the well drafted reply of complaint u/s 125 Cr.P.C. by mentioning the fact that the wife had left the house and company of husband on her own sweet will without any reasonable or sufficient cause. 


2. It is required to look for contradictions of allegations relating to cruelty as well as expelling her out of the house in the other complaints like DV Act complaint, 498a Complaint, etc . The major ground she had taken in her complaint is that she had been ill-treated and cruelty is done on her by husband & her in-laws. This point can be tackled by any contradiction in the different complaints filed by wife. 


3. It is required to look for absence of allegation in her statement, other witness statements as compared to her other complaints and the 125 Cr.P.C complaint – Contradictions & Absence of allegations in different complaints & statements of wife will show that the allegations about ill treatment at the hands of husbands are not true. Favourable 498a Case is an added advantage. 


4.  Highlighting the point of no evidence to suggest that in view of the strained relationship , any effort was made by the parents or relatives to settle the dispute and to effect the conciliation. 


5. It is required to  highlight the point of no police report regarding the ill-treatment during her stay with husband and the police complaint after leaving the household will not suffice and it is an afterthought to create the allegations. 


6. Once the allegations of ill-treatment and cruelty are tackled by the contradictions & absence and now comes the allegations of neglect that the husband had neglected her to maintain her by not giving any maintenance. The allegations of neglect can be deal by taking the facts of taking care of the wife by providing her facilities at the matrimonial home like providing servant for cleaning utensils and cleaning the household in order to help her to take care of household. These allegations are useful when wife states that she had been kept as servant. Other facts that she had been taken out for outings on her birthdays, anniversaries to local and outer locations and any gifts given to the wife on these occasions. It is better to submit the Photographs of the outings for sure shot results. The photographs of attending festival functions & Traditional functions should also be included in the outings. All these will help court to understand the false allegations of neglecting the wife. 

The Restitution of Conjugal Rights (RCR) decree in favour of husband is an added advantage. But it doesn’t mean that RCR always help. Filing RCR at right time and right scenario can help .


7. Preparation for cross examination questions depending on the alleged allegations which assist in tackling the allegations of neglect and cruelty. In the 125 Cr.P.C cases, the stage of cross examination & evidence is a most crucial stage of the case where the falsity of the allegations can be proved, that’s why this stage should be taken care with great caution and diligence and preparation of relevant cross questions are very significant. 


8. Presentation of proofs such as letter for re-joining by the husband, any recording, messages in which the husband had asked the wife to join back but the wife still not joined back. 


9. It is beneficial to present any police complaint filed by the husband in account to wife & his In-laws atrocity towards him. Examination of defence witnesses from the side of husband such as family friends, neighbours who can testify the husband’s pretext that they are witness of no cruelty in the house, they will give more weightage to the husband’s side. Most importantly statements of witnesses from husband side who had gone to fetch wife with her husband or alone but wife had denied to come back. Important point to keep in mind that the statements of witnesses should match with each other and discussed beforehand before submitting. 


10. Submitting well drafted written argument along with the oral arguments with the reference of judgments as relevant to the case will be an added advantage to strengthen the arguments and facts of the case.

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