Maintenance case

What your wife earns and what are the issues between you two is different thing...you are earning 65k yet you cant pay 5k for your daughter?Strange..

there must be some reason she left you!TELL the whole story so that you can get proper legal advice from experts.

Court has must granted this amount keeping her income in view.Because your daughter's educational expenses must be more than 5000(school fee+transportation to school+books and other accessories+tiffin+extra curricular activites) etc etc...

My Dear ..he said 65K / annum not per month.. And maintenance which he needs to pay is 5K / month.

@ Ranee ....What your wife earns and what are the issues between you two is different thing

How come these are two different things?  If she could not maintain the child, why  did she beget the child and why she took it away with her.  If she cannot mantain the child she should give it up to the man. Marriage binds both parties to obligations duties towards each other, which ends when it is broken which is clear in the above case. 

Vijay, a child should not suffer due to disputes between it;s parents, that's what I am saying.

Mother is doing rest part of maintenance of the child which 5000 can not  meet with

.Marriage binds both parties to obligations duties towards each other, which ends when it is broken which is clear in the above case.

Yes it happens between husband and wife, but a father does not cease to be a father in such case.

It took me too long to understand why she deserted me, but after some investigation i found she is in close friendship with a someone else. I have call details reports for both of them (Her and her friend) from Jan 2010 to April 2010. which says their communication is too often even at odd timings like midnight and early mornings aswell. I further tryied to ensure if it is more than a friendship or not. I had a recorded telecommunication with my wife in July 2010 where she accepted his name as his close friend who made her realises her what is true love. There are situtation in 2007, where my income is not sufficient or limited to drive the family and i have a new responsibility. I am 12th pass only and tried hard to get some extra income through LIC agency and some other photography work with my friends. Though i manage to give some time to my wife and my mother and sister. The only quarell between me and my wife is she often visit her parents without informing me or my mother and she misbehave if asking for reason. Daily after dinner we go for a walk and at that time i always tried to explain her that she should not misbehave or if she wanted to go anywhere she has to inform my mother or me, we will never deny. She is graduate and working at reliance communication after marriage, we never stop her doing the job though she deposits the salary to her father's account even after knowing the situation of my family, she never supports me or accepted as our family. I cannot give her the lavish life style which she expects, could be the reason she left my house.

I am not saying i will not pay maintenance to my daughter, just saying that it should be reasonable considering my living standard and income. Also my wife income is 5 time than my salary, hence she should contribute in her maintenance. My wife produced the false affidevit saying my wrong income. I denied to accept it. But I don't have valid income proof to prove my income as i am working from my home. Tuitions and Ironing Clothes (my family work) I am from a Dhobi Samaj and i have an caste certificate for the same. Now after decree from Family court some suggested me to get an income certificate from Talati Office issued by collector office. I submitted all my documents required and got the income certificate which says Rs. 65000 as annual income. and this certificate is granted to produce for court purpose only. My LIC agency is terminated due to non-completion of minimum business guarantee. I received an termination letter from LIC of india saying my agency terminated effective July 2010.

Family Court ordered considering the affidevits produced by my wife that my income is Rs. 18000 per month, which is actually not right. It is too difficult to earn Rs. 18000 per month who is not even graduate, in such competition where MBA students are unemployed. Though i proved my wife's salary certificates, her offer letter, and bank statement where her salary is credited. Court just void her maintainance and not include her in contribution of my daughter's maintenance. I am not ready to accept how court can order Rs. 5k as maintenance from the date of application where a kid is aged 0 year to 4 Year.

My question is, If court odered Rs. 5000 per month form march 2009 to till date. Do you believe the expense of a child is valid for such age. What court will order if she files revision at different stages of her age.

Now This is the situation for me to suicide or to accept the jail, ignoring the responsibility of my old mother aged 65 Years.

I can prove each and every words of mine with all valid proofs you may ask for... Pl. offer me the solution what to do?

Thanks ....

ok...but as far i knew, court grants maintenance on income proof only, if yyou have prodced proper evidence  your revisoin petition will be fruitful.Expenditures depend upon lifestyles..

But due to lacking of income proof before decree, Court ordered the wrong decision. Can you pl. let me know how to file revison petition. Either in Highcourt or at Family court.

Hi Kamlesh,

Let your advocate file appeal against this decision of court.

Also kid is responsibility of both parents so half of the amount should be taken care by your wife. Show your dependency (aged parents , sisters, brothers etc etc) and mention you would not be able to pay.

Unless you challenge the order, court is not going to change it. Also if you do not challenge it thinking of your financial capacity and keep the case lingering and avoiding paying mantenance, court wouldnt think and put you behind the bar.

ACT QUICKLY !!

ranee ........ can you please stop bugging ???

Thanks .. Never Give up....

Dear all Experts  : Can you pl. let me know or suggest,

Ques. If family court ordered in Section 125 (Maintenance case) and i challenged it in Highcourt, Will my wife get anything from Metropolitan court in Domestic Violence case (pending) ?

Amm u r paying in sec125 case will be adjusted with the amm DV judge decides, if any.

I Paid Rs. 80,000/- till date.