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RAJESH (Engineer)     05 September 2014

Divorce summons sent by wife , but i want to be with her

MY WIFE RECENTLY SEND ME A CIVIL COURT SUMMONS REGARDING DIVORCE. I HAVE TWO YEARS OLD DAUGHTER AND I WANT HER CUSTODY.I ALSO WANT TO BE REMAIN IN MARRIAGE LOCK WITH MY WIFE, I DONT WANT TO GIVE DIVORCE. IF I DIVORCE THEN HOW MUCH MAINTENACE TO BE GIVEN TO MY WIFE.MY GROSS NET SALARY IS  RUPEES 42000 THOUSAND.

 

 



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RAJESH (Engineer)     05 September 2014

MY WIFE RECENTLY SEND ME A CIVIL COURT SUMMONS REGARDING DIVORCE. I HAVE TWO YEARS OLD DAUGHTER AND I WANT HER CUSTODY.I ALSO WANT TO BE REMAIN IN MARRIAGE LOCK WITH MY WIFE, I DONT WANT TO GIVE DIVORCE. IF I DIVORCE THEN HOW MUCH MAINTENACE TO BE GIVEN TO MY WIFE.MY GROSS NET SALARY IS  RUPEES 42000 THOUSAND.

 

 

 

My wife was away with my 2 years baby girl child (now 2 years) from February 2014 from myself. On inquiring from phone she demands divorce and false allegations were made against me that I mentally and physically abused and beaten her. I asked them do whatever inquiry I am ready to face as these are completely baseless allegations. I and my Mother had visited my In Laws house in around April, 2014. Again in 17th June 2014 Myself, my Mother and my Father had visited my in laws house requesting my wife to come back and settle the matter. But my Father in Law asked me to give written apology that I beat my wife and harassed her, which never be done again by me. (Actually They are  making False claims and black mailing me showing some sections like 498 a and asking me admit the crime which was never done by me),which I rejected in giving any written assurance to them, because actually I am done nothing wrong done. I am a non-smoker and non drinker and have Good reputation in my locality. Their main motive is I have to leave my parents and leave separately with my wife. Otherwise they want me to give divorce and want of alimony from me. I am a central government employee and earning gross net salary of rs.42000/-.how much alimony is to be given to my wife in case if I divorce my wife?. Recently they have sent some judicial notice form them. What I have to do right now weather to receive the notice or not? If I receive the notice what I have to do.? What happened if I have not received the notice? Actually I still want to leave peacefully with my wife and my 2 years child.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     05 September 2014

First thing is to receive the notice sent to you by your wife, either judicial/legal or summons. Non-receipt of it will be deemed as refused and the Court will accept your wife’s contention and give orders /judgment in her favour. Once you accept the notice, please consult a lawyer and act accordingly. Secondly, file a custody and visitation rights petition for your baby girl. With this on record, you can strongly contend that, your wife is playing games and you are a prudent father and wish to continue your married life with your wife and daughter. Basically you have object to whatever false she writes in the petition/ notice.


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