My wife's departure and demand
souren ghosh
(Querist) 02 August 2013
This query is : Resolved
My wife has departed along with my daughter from my house 5 months back. my earnest efforts of reconcilliation from all sources failed. last one and half month i came to know that she is having affair with a person which obviously i can not prove to the court. she is not allowing to see my daughter. i can only speak to my daughter. Apart from law, on responsibilty ground last five months i am sending rs 8000/- and the school fees of rs 2500/- per month to her. Now she is demanding more. Till now she has not filed any case against me. My take home salary is rs 55000/- out of which my home loan is rs 18000/- and car loan is rs 7000/-. Expences for my parents is 5000/-. If she goes legal should i have to pay her more than rs 10500/- which i am giving now. what is the rule for crpc125 for calculating maintenance. if i am unable to give what should be the outcome.
Rajendra K Goyal
(Expert) 02 August 2013
Repeated query.
You have sent similar queries. If some supplementary query, post in the same thread.
http://www.lawyersclubindia.com/experts/Sudden-departure-of-wife-to-father-s-house-393841.asp#.Ufuv5G2Lq_I
http://www.lawyersclubindia.com/experts/Wife-s-demand-to-purchase-flat-394781.asp
http://www.lawyersclubindia.com/experts/My-wife-s-sudden-departure-to-father-s-house-and-no-sign-of-return-398191.asp#.UfuwS22Lq_I
souren ghosh
(Querist) 02 August 2013
sir,
i was unaware of the fact that i have to put my query in the same thread.That is why the initial fact is repeated but my query is different. This time i wanted to know that if my wife file case of maintenance should i have to pay more. ihave given the salary and expense details.
please help
Nadeem Qureshi
(Expert) 03 August 2013
if she filed maintenance case then she can claim the maintenance only if she is unable to maintain herself and left your company due to a sufficient reason. it may be the same amount not more then this.
feel free to call
Advocate Ravinder
(Expert) 11 August 2013
If you can prove her illegal relationship with some third person, there is no need to give maintenance to your wife as per law. But in case of your daughter you have to give maintenance. Approximately, the maintenance will be 1/4 of your salary.
souren ghosh
(Querist) 15 September 2013
Sir,
it is very difficult to prove in the court that my wife is having illegal relations with some one and so left my house for her advantage.
Now my question is that why should not i will get the custody of my daughter. why the law is always favourable to the females and to their advantages. please let me know whether i can get my daughter back if i get divorced with my wife.
Advocate Ravinder
(Expert) 15 September 2013
Law is not in favour of anybody. The custody of child is given to the person where the child can get good welfare. If you can prove the court that your child welfare is not good in the hands of your wife and it is good in your hands, then definitely the court will grant child custody in your favour only.
prabhakar singh
(Expert) 15 September 2013
salary told rs 55000/-
less
home loan is rs 18000/-
car loan is rs 7000/-.
left cash in hand 25500/-.
less maintenance
paid to wife &child
rs 8000/- +2500=10500
left cash in hand
now 5000/= goes to parents.
left cash in your hand only ts 5500/=
Then no prudent and judicial order can order you to pay any more.If you prove her unjustified departure she can not claim maintenance for her even you fail to prove her adultery.
Sadly you can not have custody of daughter
unless you are able to prove her adultery,which you admit you can not.
Rajendra K Goyal
(Expert) 15 September 2013
Ld prabhakar sir,
humble submission:
salary told rs 55000/-
less
home loan is rs 18000/-
car loan is rs 7000/-.
left cash in hand is 30,500 and not 25500/-.
Well advised by calculation, Nothing more to advise.
V R SHROFF
(Expert) 15 September 2013
Do not repeat.
Mtn does not allow ded of self gen loans.
Only PF, I Tax , and compulsory deductions are considered.
Other Loans or debt will not be given weightage of, though may consider on merit.
Child visit is ur right.
prabhakar singh
(Expert) 15 September 2013
You are right Goel sir!
I was modifying my post mean while Akhilesh power supply interrupted.To bear this genious i need to drink which ultimately make my airthemetic more poor than i am blessed with.
prabhakar singh
(Expert) 15 September 2013
To tell you a fact goel sir!
we are deprived of even basic amenities since last eleven days.
Sir Goel!The world 'democracy' misutilized by bastards is eating factor of my intellect.
Be kind and bear me SIR GOEL!
prabhakar singh
(Expert) 15 September 2013
Sir! Goel!
Hope you have PARDONED me!?????
prabhakar singh
(Expert) 15 September 2013
ELSE YOU ARE NO LESS THAN AKHILESH THOUGH NOT BLESSED AS HE IS!
prabhakar singh
(Expert) 15 September 2013
There is a potential difference about post creation and pre consented creation of loans,courts must bear in mind!is that not true SIR SHROFF,more specially in case of a wife departing matrimonial home deliberately without any reasonable and probable cause.
Rajendra K Goyal
(Expert) 16 September 2013
Ld. Prabhakar singh sir ji,
Sorry, if I hurt your feeling. I have high regards for you.
V R SHROFF
(Expert) 16 September 2013
It is true, Shri Prabhakari.
souren ghosh
(Querist) 20 October 2013
sir,
Last seven months i am simply sending my wife money around Rs 8000/- apart from school fees of my daughter rs 2000/- per month and trying for reconcilliation. still now i am in dark about her motive. neither she has filed any thing against me nor she is behaving properly when i call up occasionally. she is saying that she cannot stay with me under one roof. i donot understand what actually she meansby that.she is also saying that if i ask for a divorce she will give that provided i give her around 25-30lac. please advise what should i do.
