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Susanna Ramoorthy (HR Generalist)     19 October 2012

Maintenance for the kid

Dear forum members

my husband has deserted me for more than an year, our second session counselling too failed, now i wanna file for maintenance for my minor child. the problem is hez unemployed, not a qualified person,if court order him to pay a certain amount as maintenance , i am pretty sure he will pay for the first two months and he will stop it, hez a rich guy but properties are still in his father's name, so do i have any chance of getting maintenance for my kid?

I am really desperate thinking about this, am not sure as far as my knowledge i think my husband will be lucky not to pay anythng for my minor female child as hez unemplyed and no property is his name(still in father's name)

expecting answers from learned forum members!



Learning

 6 Replies

stanley (Freedom)     19 October 2012

On one side you say he is a rich guy and on the other side you say he will pay for 2 month and than he wont pay.For the child he would have to pay at any cost  or if you file contempt of court they would send him to Jail .

If you want child maintanence than you cant be soft . If his parnet's  cant seeing him going to jail they would indirectly pay for the child . 

 

And stop eyeing your father in laws property ;) it would only make your mouth water all the more . 

1 Like

Tajobsindia (Senior Partner )     19 October 2012

1. Order for maintenance will be Ordered accordingly as per Act / Code you may use based on Minimum Wage prevailing in your State (city) but it cannot be bounded upon him as he has no assets / income being un-employed natural father dependent upon parents and facts as per mention in your thread post.

Remedy post Order of the Court are none other than an Execution petition wherein the natural Father may produce on affidavit of '0' ITR return including stated under Oath no assets / income till date. The matter may remand back to original Court wherein Court Commissioner may be appointed to give report of income / assets if your side prays for such moves (discoveries being unsure of whose name properties or and or if any share given to natural father etc.) and same will come out as '0'.

The Execution Order can proceed on "attachment of property shown to be that of natural father!" if same made part of ' your prayer relief in Execution of Order' but when discovery made of such property(s) in his parents name then such property(s) also cannot be attached as it is responsibilty of natural father to maintain his wife / child not grandparents when husband (natural father alive) as the case is against natural father and not against grandparents currently. 

If @ Lord visits this thread post and says his usual rhyme under garb of women sensitive reply "attachment of his share from parents properties" to you then same is not looked into under Execution Court proceedings as an Execution Court cannot go into evidences while deciding Execution matters PERIOD.

Nevertheless try all permutation / combination; worth a try in reference to context as in your brief.   

1 Like

stanley (Freedom)     19 October 2012

I dont think so @ lords would answer at this post although it is women sensitive since 

No property involved

But at Lords may say file 498 A and bring them down to a settlement with the grand fathers property  rope in the aged parents also in the FIR so that they may get arrested .

But i have another question wouldnt the court ask her husband how he is surviving with no source of income just living on fresh AIr and water :)

Tajobsindia (Senior Partner )     19 October 2012

Originally posted by : stanley
  XXX question wouldnt the court ask her husband how he is surviving with no source of income just living on fresh AIr and water   

 Good que. not from you but lady's advocate side it will be alleged saying Hazoor....(followed by your quote).:- In any joint Hindu family un-educated read with un-employed children till not disowned by Hindu parents are looked after by parents till children(s) grave. Look around you will affirm it too and it is a not a crime. PERIOD.

1 Like

Susanna Ramoorthy (HR Generalist)     20 October 2012

@Tajobs & Stanley

Till now i am not sure if the said property is in my hus name or father in law 's name, as my lawyer has advised me to retain the 10 lakhs which i paid to him as streedhan and incase if he dosnt pay the maintenance amount we can attach the property, lawyer has asked me to bring the necessary document showing the property is in his name or not!!

 

But the problem is i dnt know the survey number or any kind of details of the property, i know the address and where the property is, pls guide me from where to get the other details??

Stanley sir i am not eyeing my FIL 's property but atleast i must make sure he takes the responsibility to pay for the kid!

Good que. not from you but lady's advocate side it will be alleged sayingHazoor....(followed by your quote).:- In any joint Hindu family un-educated read with un-employed children till not disowned by Hindu parents are looked after by parents till children(s) grave. Look around you will affirm it too and it is a not a crime. PERIOD.

What does this mean TAJOBS, will the court declare he need not pay the maintenance as hez uneducated and unemplyed?

Should i file a 498a to retain my lumpsum amount i paid to him?? till date i have filed only an RCR when my hus has filed for a divorce! Pls advice me on this also!!

 

Tajobsindia (Senior Partner )     20 October 2012

 

Originally posted by : Susanna Ramoorthy

 

XXX
What does this mean TAJOBS, will the court declare he need not pay the maintenance as hez uneducated and unemplyed?
Should i file a 498a to retain my lumpsum amount i paid to him?? till date i have filed only an RCR when my hus has filed for a divorce! Pls advice me on this also!! 

 

 1. No, the Court will pass minimum wage prevailing in your State as maintenance amount under child maintenance Order.

2.
Regarding that 10 L if you can bring evidence of such payments made via cheque / dd or call his bank statement where exact 10 L shows as credit (be it so by cash deposit) then probability of its retainion comes into picture under usage of criminal Laws of S. 406 IPC r/w S. 498a IPC which are asked us if you should file or not for its retainion. This is your choice and yoru current advocates further advise based cause of action!

3
. Regarding Survey no. etc details digging; hire an detective and get such details OR there are so many official websites of District / States where such information one can find by internet search OR just lay claims with strict proof he will produce details if it is his or someone else name registered, matter ends.

4. Since you filed RCR and he filed Divorce then ensure your RCR Decree is in your favour. With such favourable Decree in hand you can Execute all his property as attachment under O 21 / R 31-32 CPC which is a social remedy available only to a wife in instance nature of Decree awards and not meant for Husbands usuage.

In totality I don’t see any more hiccups in your facts here other than it seems you are looking for us to write a Judgment which atleast I cannot write given to understand all matters are sub-judice. 

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