interim maintenance


Sir,
I am the petitioner for divorce under cruelty against my wife. after receipt of the my divorcepetition
I hired a private detective as suggested in this forum and received the report from the detective stating that she is presently employed and the same evidence is been submitted yesterday in court as the supporting document along with my counter that she is earning and hence prayed the court to dismiss her petition for interim maintenance as her claim is false.
Judge has asked us to come back on 28th of June for the enquiry. I need to know what will all be the possible allegations she may produce to the judge in order to get the interim maintenance and how much might be the maximum amount I need to pay as maintenance for my minor daughter in case of judgement. my salary is RS 30k and home loan emi is RS 25k. she is earning RS 7,85,000 per annum as CTC as per detectives report. pls suggest.
 
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sorry please ignore the above mentioned post or query as it's incomplete.
 
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Dear Sir/Madam,
I am the petitioner for divorce application under cruelty against my wife. after receipt of the my divorce petition my wife has filed the interim maintenance claim for her and my 1.5 yrs old daughter lying that she is unemployed in her petition. at this juncture, I approached this forum on what shall be done as am not willing to pay the maintenance to my wife since she is employed and capable enough to maintain my daughter. I am willing to save this marriage for my daughters future, but my wife is very adamant to get separated from me and charging me that am a bipolar disorder patient after living for 5.5yrs with me. I told the same to her before the marriage that I am taking few tablets due to depression during my college days. she during the initial stage adviced me that it's very normal nowadays with issues like this and verified the pills am taking and also discussed with my doctor since she being a bio technologist herself. now since her long claim of leading a nuclear family is denied from me strictly considering the life of my aged parents, she left the matrimonial home along with my daughter. moreover my salary is less compared to hers which happened due to the emi deduction for housing loan.
I hired a private detective as suggested in this forum for generating the evidence for her employment and also successfully received the report from the detective stating that she is presently employed and the same evidence is been submitted yesterday in court as the supporting document along with my counter that she is earning and capable and hence prayed the court to dismiss her petition for interim maintenance as her claim is false.
Judge has asked us to come back on 28th of June for the enquiry. I need to know the following,

1. what will all be the possible allegations she may produce to the judge in order to get the interim maintenance and how to be prepared for the same.

2.how much might be the maximum amount I need to pay as interim maintenance for my minor daughter who is 1.5 yrs old in case of judgement.
note: my salary is RS 30k at this moment and home loan emi deduction is RS 25k. she is earning RS 7,85,000 per annum as CTC as per detectives report.

3.how to have the child custody as they are not allowing me to see my daughter from the day she left my home ie, from 30.7.2017.

4.how to find out whether she was married before or any illegal affair as I find the reason for her separation from me is unreasonable and seems to be a long planned execution.

5. Should I need to pay any alimony to my wife in this hmop case as she is employed and very curious to get separated from me.

6. if she gets remarried to someone what are all the options to get my daughters custody.

7. how to monitor my daughters well being without visiting their place.

I humbly request you to pls respond on the above queries pointwise as it will help myself and my daughters future life.

Thanking you,

With best regards,

Karan.
 
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Advocate

Originally posted by : Karan

Dear Sir/Madam,I am the petitioner for divorce application under cruelty against my wife. after receipt of the my divorce petition my wife has filed the interim maintenance claim for her and my 1.5 yrs old daughter lying that she is unemployed in her petition. at this juncture, I approached this forum on what shall be done as am not willing to pay the maintenance to my wife since she is employed and capable enough to maintain my daughter. I am willing to save this marriage for my daughters future, but my wife is very adamant to get separated from me and charging me that am a bipolar disorder patient after living for 5.5yrs with me. I told the same to her before the marriage that I am taking few tablets due to depression during my college days. she during the initial stage adviced me that it's very normal nowadays with issues like this and verified the pills am taking and also discussed with my doctor since she being a bio technologist herself. now since her long claim of leading a nuclear family is denied from me strictly considering the life of my aged parents, she left the matrimonial home along with my daughter. moreover my salary is less compared to hers which happened due to the emi deduction for housing loan.I hired a private detective as suggested in this forum for generating the evidence for her employment and also successfully received the report from the detective stating that she is presently employed and the same evidence is been submitted yesterday in court as the supporting document along with my counter that she is earning and capable and hence prayed the court to dismiss her petition for interim maintenance as her claim is false.Judge has asked us to come back on 28th of June for the enquiry. I need to know the following,

Thanking you,With best regards,Karan.

1. what will all be the possible allegations she may produce to the judge in order to get the interim maintenance and how to be prepared for the same.

It is a question related to future. You cannot pose such questions to anyone.  You will have to just wait and see what your wife replies.  First your source should be reilable.  The report of private investigator should be certified through government agencies.  Only such report is admissable.  If your source is not certified you get certification from police.  If you dont know how to do it. Go to nearest police station and ask about it.  Pay do ded so rupai and get the information.  Certifying authority may also ask some goose.  Give some.

2.how much might be the maximum amount I need to pay as interim maintenance for my minor daughter who is 1.5 yrs old in case of judgement.note: my salary is RS 30k at this moment and home loan emi deduction is RS 25k. she is earning RS 7,85,000 per annum as CTC as per detectives report.

There are paid government servants to do this calculation.  For you it is enough that you should have done these calculations before you bought this headache car or bike.  Once you buy it, maintaining is your headache. Doesnt it look pathetic that someone else will decide on behalf of you how much you will spend on maintaining your car/bike? Think about it. Wait for the government servants to reach a conclusion about maintenance. If you feel it is too high, then go for appeal to get it reduced.

3.how to have the child custody as they are not allowing me to see my daughter from the day she left my home ie, from 30.7.2017.

Put both your hands in your pant pocket.  If you feel two balls dangling, then squeeze them.  Tell yourself you have balls.  Go pick the kid. Let wife file whatever case she wants.  Remember to squeeze hard enough.  So that you want forget you are a man.

4.how to find out whether she was married before or any illegal affair as I find the reason for her separation from me is unreasonable and seems to be a long planned execution.

Now time for doing that exercise of finding out about her past is over.  You should have hired detective or marriage specialist before you married her. Got all the details, then if you found she is ok type, then should have married. Now no use digging into her past. Max you can squeeze your balls harder, go fetch your kid, take kid to doctor on some pretext and get her blood grouping done, check whether she is from some other loda.

5. Should I need to pay any alimony to my wife in this hmop case as she is employed and very curious to get separated from me.

If court has ordered. Yes.

6. if she gets remarried to someone what are all the options to get my daughters custody.

First do as I said. Squeeze ur balls until you scream.  Then ask yourself questoin no. 6.

7. how to monitor my daughters well being without visiting their place.

Get secret CCTV cameras installed in their place. Hire few more detectives.

You can simply do as I have suggested.  Let your wife do the court cases.  Hire good advocate and fight the cases.  You already have an advocate. Why are you feeding him free? Go hammer him with boots if you have paid him money.  Posting on forums like these will only confuse you some more. you wont trust that advocate who is handling your case now, nor will you be peaceful.

You are torturing yourself by all this. Marriage should work once anyone gets married.  If it does not, then simply part ways by mutual divorce.  Never expect courts to give justice to you in this matter.  You all are losers, whichever way you look at it.  Just finish the matter fast and move on would be  my suggestion.

 

 

 
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thank you sir
 
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Advocate

Originally posted by : Karan

 I need to know the following,

1. what will all be the possible allegations she may produce to the judge in order to get the interim maintenance and how to be prepared for the same.

It is difficult to answer the same but im assuming that she wil attempt to deny the fact that she is employed, accuse you of producing forged documents etc. 

2.how much might be the maximum amount I need to pay as interim maintenance for my minor daughter who is 1.5 yrs old in case of judgement.note: my salary is RS 30k at this moment and home loan emi deduction is RS 25k. she is earning RS 7,85,000 per annum as CTC as per detectives report.

How are you justifying your remaining expenses if only 5000/- of your salary is remaining and available every month? If your paperwork is in order, the Court may consider your predicament but you have to pay for your daughter. An amount cannot be specified simplicter on the basis of what is mentioned hereinabove. 

3.how to have the child custody as they are not allowing me to see my daughter from the day she left my home ie, from 30.7.2017.

Move an Interim Application for access to daughter. 

4.how to find out whether she was married before or any illegal affair as I find the reason for her separation from me is unreasonable and seems to be a long planned execution.

Only Detective will be able to help you in that. 

5. Should I need to pay any alimony to my wife in this hmop case as she is employed and very curious to get separated from me.

At the interim stage, court shall only consider if what she is earning is sufficient for her or not.  As far as her reasons for seperation are concerned, if she is able to justify the same, yes. 

6. if she gets remarried to someone what are all the options to get my daughters custody.

If the same affects and impacts your daughter's health, studies etc, you can file an Application for seeking custody. All orders pertaining to children are temporary in nature.  

7. how to monitor my daughters well being without visiting their place.

You can approach the school and request them to provide info i.e. provided your wife has not approached them earlier and barred them for sharing information.

 

 
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