Maintenace for child
mohan.D
(Querist) 13 May 2014
This query is : Resolved
Dear EXperts
my self mohan i got married in june 2010 and due to wedlock we got male child on 24april 2011 and know my son is 3 year old and my wife deserted me on dec 2010 without any sufficent reason and she has applied for mainteance u/s 125(1) and DV u/s 19&23 in octber 2013 court ordered interm maintenance of 4000 rs 2000 for child and 2000 for my wife has my wife is working i told to the court and submited salary slip of here and i paid mainteance for my child 2000 rs for 2 months and my wife has rejected mediation in court on 24th jan 2014 and i told to judge i like to cohibit here and son to lead happy cordil life here lawyer totaly rejected my words and i told to the judge here lawyer is miss guiding my wife and thier parents by giving
false conculion that he will get 50% share his father property and money and house.
i told to judge i will not pay any mainteance has i am jobless and no property
after my father death in 14th march 2013
My query are
1. will i have to pay mainteance for my child as i told in court i like to cohibet ny wife and my son to lead happy cordil life?
2.My wife lawyer told if u r husband dont pay mainteance for child i will tell the judge in the court to bring attachment in your husband father property.on what grounds they can order please tell me experts?
3.My wife lawyer has mentioned in the petition filthy words like randi,sula etc is it right or worng to use such type of words in petition?
4.my question i am ready to cohibit my wife and son my wife is not ready to cohibit me then why should i pay maintence to my wife and child? any law is thier if wife deserted on here own will and son is minor will husband have to pay mainteance?
5.Why lawyer will miss guide thier clients by giving false consulion?
6.I asked my lawyer i will apply for divorce in bangalore has i got EX-Party OF RCR in bangalore family court on 20th october 2012 he told your wife has applied cases, DV,Criminal,mainteance in bhadravathi,shimoga district.If u apply divorce in bangalore your wife will go to high court and get transfer the cases to here district has here cases in this court jurisdiction and you have to bear all the expenses of ur wife as per the court order is it true please explian me experts?
Dear experts please give me the solution
Warm&Regards
mohan
9880962229
Devajyoti Barman
(Expert) 13 May 2014
1. Yes , if they do not stay with you.
2. It has no basis as it can not be done.
3. Bring this to the attention of the court.
4.You are nevertheless liable if she can establish that she has reason to stay separate from you.
5. No idea.
6. Do as per your plan without thinking what your wife can make.
Best of luck.
P. Venu
(Expert) 13 May 2014
The query suggests that you are too much obsessed with the words and deeds of your wife's lawyer than pursing your case on merits.
Perhaps, the experts would be better placed to give practical suggestion if the query is rephrased leaving out the obsession as above.
Sankaranarayanan
(Expert) 13 May 2014
No more answer need to furnish. Mr barman already given maximum. I agree with him
Rajendra K Goyal
(Expert) 13 May 2014
1. You have to pay maintenance as per court order, if they are not staying with you .
2. It is baseless, can not be attached.
3. Agree with the expert, bring in the notice of the court.
4. Agree with the expert Devajyoti barman ji.
5. Every body has his own way of working, lawyer has to keep the morale of the client high.
6. You should file case as per your wish, let her approach for transfer of the case.
V R SHROFF
(Expert) 13 May 2014
answers to YOUR query are AS UNDER :
1. will i have to pay mainteance for my child as i told in court i like to cohibet ny wife and my son to lead happy cordil life?ANS: YES, U HV TO PAY CHILD MTN.
2.My wife lawyer told if u r husband dont pay mainteance for child i will tell the judge in the court to bring attachment in your husband father property.on what grounds they can order please tell me experts?ANS: N.A.
3.My wife lawyer has mentioned in the petition filthy words like randi,sula etc is it right or worng to use such type of words in petition? ANS: inform court
4.my question i am ready to cohibit my wife and son my wife is not ready to cohibit me then why should i pay maintence to my wife and child? any law is thier if wife deserted on here own will and son is minor will husband have to pay mainteance?ANS: U MUST PROVE SHE RESIDE SEPARATE WITHOUT ANY REASON; AND THAT YOU NEVVER REFUSED OR NEGLECTED HER. IT ALL DEPENDS ON EVIDENCE .
5.Why lawyer will miss guide thier clients by giving false consulion? ANS: ONLY HE KNOWS BETTER.
6.I asked my lawyer i will apply for divorce in bangalore has i got EX-Party OF RCR in bangalore family court on 20th october 2012 he told your wife has applied cases, DV,Criminal,mainteance in bhadravathi,shimoga district.If u apply divorce in bangalore your wife will go to high court and get transfer the cases to here district has here cases in this court jurisdiction and you have to bear all the expenses of ur wife as per the court order is it true please explian me experts?ANS: YES IT IS TRUE.
YOUR WIFE CAN GET UR DIVORCE PETITION TRANSFERRED+ IF COMES TO B'LORE, YOU WILL BE IMPOSE WITH HER TRAVELLING, HOTEL, OTHER EXPENSES TO COME TO COURT EVERY TIME..
OK ..
Find out reason why she dislike you, though you like her..
Don't think much; u r paying for your child. Pay; get access order, meet your child with your parents; Wait for a year peacefully. Do not panic. [As u can't change anything of your own in the current circumstances. Fell great, you are helping her and your child. u r not beggar!!! She pray and beg to court.
Your relation started breaking, after her pregnancy. Both of you separated [deserted??? NO] when she was 5 months pregnant. Majority couple separate during first pregnency period, and is a Change-over of Psychological transitions period, when she need maximum support, love affection and attention of husband.
This fact clarify, Root cause of all these trouble is YOU and YOU ONLY. SHE CANNOT BE AT ANY ERROR DURING HER PREGNANCY PERIOD, BUT IT IS YOU WHO CAN .. She must have been ill -treated during that period.
YOU Conceived her within a month; without allowing her to enjoy marital life. She delivered you a baby son within 10 months of marriage!!!!
You yourself analyse that particular period very carefully, to know what went wrong. realise mistake of yours and your family, ractify it, and replace hate with lot of love. nothing wrong apologize for the pain she took at her very delicate period of life.
YOUR LIFE WILL CHANGE TO HAPPY MARRIED LIFE..
I HAVE NO DOUBT ABOUT IT.
ajay sethi
(Expert) 13 May 2014
well advised by experts
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
The opinions and advises rendered by experts seems to be more than adequate, I agree with them, nothing more to add except to state that despite a RCR decree in your favor, she has not made any attempt to join you back in the matrimonial fold, hence it is better that you file a divorce case immediately on the same ground.
