Divorce and maintenance
D soundararajan
(Querist) 25 March 2015
This query is : Resolved
Dear All,
I am soundar 47 seperated, and filed a divore case in 2010, and my wife filed a maintenance case in 2012, hearings and witness enquiry is all over as on today, only arguments pending before Hon'able judge.
My wife is a private employee and i am unable to prove it, my first daughter is 21 and working my wife admit this in court, my second daughter is 18 now and that also agreed by my wife during case at court. my wife has own house.
What i eared from 1991 to 2008 i spend for my family alone.
I am working in a limited company and getting salary rs 58000 per month take home since 2011.
now only i start to save for me, i dont have any assets in my name. and i am also a heart patient, but i dont wants to record the same at court.
I accepts to pay rs. 10 lakhs as one time settlement to my wife, but she refuse to accept and wants on monthly basis.
No i request your goodselves, i need the exact compensation/maintenance amount payable to my wife from my side.
Regards,
adv. rajeev ( rajoo )
(Expert) 25 March 2015
When your wife and one daughter has got independent income, they are not liable for any maintenance from you. Another daughter who is 18 can claim maintenance from you.
Devajyoti Barman
(Expert) 26 March 2015
You can not force your wife to make settlement.
Unless her income is proved you can not avoid her maintenance.
Rajendra K Goyal
(Expert) 26 March 2015
Collect proofs of her employment, second daughter may claim maintenance.
Guest
(Expert) 26 March 2015
What is the opinion of your own lawyer?
SAINATH DEVALLA
(Expert) 27 March 2015
Unless U prove her job credentials, and gather evidence that she has a standard source of income, she will right to claim maintenance.
T. Kalaiselvan, Advocate
(Expert) 29 March 2015
You are asking this question at argument stage, what did your lawyer do to prove her employment or what efforts you took to show before court the source of her income and other income details?
You cannot force her to go for one time settlement, you may have to wait for the court's verdict.
SAINATH DEVALLA
(Expert) 30 March 2015
U have neglected in the early stages of the proceedings,though UR lawyer may be a learned one,U too have to show interest in the case.Wait for the final outcome
