Legal seperation

Dear Rohit

Amicably settlement will be better for safe the marriage, so try to settle the matter with the help of elders, parents & Relatives.

she can get the maintenance as per the your status & life style 

Parents are responsible for maintaining their dependent children up to the child's 18th birthday or up to 23 if the child is in full time education, or would be if maintenance was being paid. If the child has a mental or physical disability to such an extent that it is not reasonably possible for the child to maintain her/himself fully then there is no upper age limit for seeking maintenance for her/his support.

Thanks Nadeem Sir and Ramachary Sir,

I tried contacting her parents but they are not coming for any conversation, I tried my all best efforts to save my marriage as my kids are big enough and I dont want to spoil there future because of our conflicts.

Is there any fix maintenance amount or any formula to calculate kids maintenance amount. I am trying to understand how much I have to pay to her if she go for legal separation.

Thanks for your support.

It transpires from your query that you did something questionable behaviour to her that led her to go to Help Line and to think about legal seperation after giving birth of two children out of your wed lock..  If you think that you are the cause of this malady and as a father of two innocent children whose future may be spoiled I ADVICE YOU TO SETTLE UP THE DIFFERENCES WITH YOUR WIFE FACE TO FACE and amicably.. 

Hello Sir,

This is biggest problem, only issue between us is over independence. She is demanding over independence in life. Like going out with friends after 10:00 PM without kids, going out for vacation without kids, talking to friends late night. I work in night shift and when I started objecting on all these things she put blame on me that I am putting restrictions on her. She put blame that I had a relations with females when I was working out of city (3 year ago) however there was nothing like this and she don't have any proof for this. I am also concerned about my two kids and I tried all my efforts to make her understand that she is married and all these things are not good for married women. She remain busy with friends till mid night on whatsapp and this is causing problems for my kids as she is unable to wake up early in the morning and kids always reach school late. Is there any legal way so that I can stop her doing all this and avoid Separation , coz separation is going to spoil my kids. Thanks

While granting maintenance to wife u/s 25 of HMA the court has to first assess income of husband. Where the husband is engaged in a particular job his income is his salary which he receives from his employer.  In such a case court has to assess his carry home salary after deducting compulsory deductions from total emoluments. The maintenance can be fixed with reference to the costs of living as of today and future rise in the costs of living on approximate basis. No permanent alimony and maintenance can be granted unless the written application furnishing all details regarding his or her own income or other property is made and further an opportunity has to to be given to the other side to put his/her defence.  Well, forget about the maintenance, what is the reason for her sudden departure from your company and hos is that you are more worried about granting maintenance than trying for reunion?

The reason is not sudden, we had issue before approx. 2 year back at that time family members interfered and cleared our misunderstandings. But since then she is in process of preparing for separation like she opened saving account without my knowledge, used my savings on jewelry, I was in impression that we are working on relationship and keep ignoring things, I continued to spend my whole salary on home to keep things normal at home other side she continued in her preparations for separation. 

Why I am worried about maintenance then trying to reunion, because I have exhausted my all options, I agreed to her all demands so that we can stay together for kids’ sake. Her main concern is over independence which I always object. She is not ready to understand that she is married lady and have kids, she always remain busy with her friends. She give excuses that you work in night shift and I need someone to pass my time and other side she is ignoring all household tasks like kids uniform kids homework etc. I am paying huge amount on maids and on tuitions for my kids only. She is educated but not showing any interest to help my son going in class one for home work. I am paying 2200 just for his homework.

I have already tried and still trying to make her understand to save marriage but she is not supporting anymore. She is even out of order of her parents. Not sure what is motive behind this. But still I am not finding any reason for all her behavior.

So now I am just concentrating to save my money so that I can save something for my kid’s higher education nothing else. Please guide how can I save all this.

Thanks In advance.

One more thing.. She is working in Govt deptt and her take home salary is 25 K.

Change your duty hours. Change your duty from night shift to day shift and give your close association including  out side entertainment like dinner in a good Restaurant or coffee shop to give her a close company and see the result.

Thanks for the suggestions, but it is not possible for me to change my shift. I work in IT Company and we only have night shifts. I always spend my free time with my family. Every weekend we go out for dinner or to disc (with her only without kids) and also two long vacations with family in year. What else I should do to make her happy. I don’t think there is anything else left. Only mistake I found in me is giving her everything without any question and arranged fulltime maid which gave her free time to plan things against me with her friends. Her friends include divorce females and single male/female and she is attracted with their life style.

I understand your problem . Mis understanding of both of you caused maladjustment and falling in between two innocent child are becoming sandwiched.  Save and except reconciliation we do not find any other option.However, you can give her a long rope to enjoy her liberty.keeping your watching eye about her movements..     

For me my case seems to be a unique case. What you just suggested. I had a word with her last week, suggesting her live with her all independence and just stay as a wife inside home for kids’ sake and help me to grow kids. I even suggested her that she can live in separate room if she don't want any physical contact with me.  But she is not agreeing to any of my options. 

Can she alone apply for separation? If I disagree in front of judge that I do not want to live separate and will stay in separate room if she do not want any relation.

She don't have any ground for separation other than she can blame me for mentally harassment (don know how she going to prove this).

Sir I really do not want separation and I am looking for a way so that I can save this and help my kids. I have left with nothing. Or is there any way I can force her to rethink and leave her decision of separation.

My question regarding maintenance was only to not allow her to fullfil her desires on my money.  Is there any way I can get some approval to pay my kids fees and other expenses directly to kids. She is working in regular Govt Job and don't need any money for her. I can pay anything for my kids but don't want to pay her directly rather I want to pay to my kids only.

Please help