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DATTA KHARAT   07 February 2016

Wife demanding maintenance for our son

My marriage held on 09.03.2014 in Jalna. I am staying in Kalyan, Thane for my Job purpose. She is leaving in her mothers house for her state government job Gramsevika. She just 4-5 times visited to my house Kalyan & never visited in my native place. I filled HMP section 9 in kalyan court. After getting summons she file for transfer HMP section 9 in high court aurangabad bench that our son is just one year old & she can't travel. Also she filed Cr. Procdure Code section 125 in Jalna court demanding maintenance of 10000 per month to maintain our child. She earns 22 k to 25 k for month & i earn 35 k per month. but after deduction of housing lone, PPF, Personal Lone my earning remains just 10 k per month. She determined topics that I mentely harrased her & bitten and though her from house thats why she is not staying with me. But actual thing is nothing like that. She don't want to leave her mother & don't want to stay far from her mother. I got got high court bench aurangabad summons & I presented with my lawyer case is pending. This summons attached her filling copies of high court & Cr. Procdure Code section 125

so my question are :
1) How much alimony will court allow for my case?
2) Can I file for divorce in this situation & if yes in which court?
3) High court summons attached copies Cr. Procdure Code section 125
is considerable as a summons for this case?
4) Can Jalna court allow Ex party against me for section 125 that high court informed me by filling copy.( I haven't got any perticular summons for this case)



Learning

 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     07 February 2016

Well U may not pay maintenance to UR wife but U have to pay maintenance to UR son.

DATTA KHARAT   07 February 2016

yes sir I am ready to pay maintenance for my son. I know its my reponsibility. But how much will be court order as above condition

FREDYCHARLES RK - Bangalore (Advocate)     07 February 2016

In one case a simple logical  dividing formual was used and ordered too. i.e., If the net take home is say 30,000 and you have 5 dependands to feed/lookafter ....ie your parents, son, sister, urself the share for your son is 1/5 = 6000 . 

ANAMIKA VICHARE (LAWYER)     07 February 2016

My advice tou you, straightaway withdraw your Restitution petition,saying taht you hv lost faith in your wife due to alleagtions made in s.125 cr pc matter.   So taht  you will save your time, money and energy in two litigations, onehigh court and another your restitution

then you file our say to her s.125mainteannce appliaction saying taht yo uare raedy to maintain your son and wll give Rs.4,000/- per month and after fkling say do not attend the amtter as it is maint for the son only,if you attend you will sped on travling, litigation cost, time and energy and lose your earnings by taking leave.....

Thiswill be miracle in the matter and then do not file divorce petition immdtly, let the amint appln s.125 matter be finished

 

further comn thru Facebook A/c

 

Anamika Vichare

[New York City picture] in pink colour

 

ANAMIKA VICHARE (LAWYER)     07 February 2016

My advice tou you, straightaway withdraw your Restitution petition,saying taht you hv lost faith in your wife due to alleagtions made in s.125 cr pc matter.   So taht  you will save your time, money and energy in two litigations, onehigh court and another your restitution

then you file our say to her s.125mainteannce appliaction saying taht yo uare raedy to maintain your son and wll give Rs.4,000/- per month and after fkling say do not attend the amtter as it is maint for the son only,if you attend you will sped on travling, litigation cost, time and energy and lose your earnings by taking leave.....

Thiswill be miracle in the matter and then do not file divorce petition immdtly, let the amint appln s.125 matter be finished

 

further comn thru Facebook A/c

 

Anamika Vichare

[New York City picture] in pink colour

 

Born Fighter (xxx)     08 February 2016

Agree with Adv Anamika..


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