Maintenance & deomestic voilence

mohan.D (Querist) 01 May 2014 This query is : Resolved
Dear Experts
Thanks for your valuable reply
After reading i have certian query
1.yes my wife has filed a petition u/s 125 for seeking interm maintenance of litigation and she is employed has chemist and she has getting 9k per month and her salary income is sufficent to maintan herself and my son and here parents are finacial sound and she is staying with here parents since dec 2010 and i produced a salary slip and appointment letter in fornt of judge and told has i am jobless and no property i cannot pay maintance has she is employed and she is not staying with me since dec 2010.How she can apply for maintenance know after 3 years? why she has not applied when i was in job? y she applied after my father death?To dismiss maintenance case what section and act we can apply?
2.My wife has left me on her own from dec 2010 after many counselling has she never came after my father death she is thratening me for extraction of my father property by putting flase causes on me.To dismiss domestic violence act u/s19&23 and stay order on my mother self acqired house which we have rented on that my wife has bought the stay order that she was staying in that house by producing electric bill. what act and section i can apply to vact stay order?
3.can i take judicial separation from here without giving divorce and remaining as a husbhand and wife as she is not staying with me since dec2010 and apply for divorce after one month in bangalore because i will stay in bangalore 15 days and in native 15 days?what acts and section i can apply. 4.depriving of RCR by my wife after marriage is a curelty against me & residing away and deprining me from physical relation & depriving RCR ex-party court order also.For that y court will not take any action on my wife?
5.i would like to know will court deny maintenance to my wife and son according to section 4 which says that wife is not entilited for alimony if she deserted her matrimonical home without any reason?
6.can i ask the court to appoint court commissioner to invested a false cases on me which my wife has put on me?
7.Some experts says i will go to jail if you not pay maintance after court order also and my wife has deny RCR ex-party court order also from 20-10-2012 for my wife y court will not taken any action? 8.Has my son is minor& my wife has put a case on my mother u/s (1)(10)151 will my son will get a share in my father self acquired property.My father has made the will in my mother name? To dismiss the case what acts and section i have to apply? 9.Can i put maintenance on my wife u/s HMA 24 has i am jobless no property & mentaly upset?
10.My friend told if judge send me to jail your wife has to pay amount to court has jail will never give free food and shelter has you are not paying maintenance after the court order also and court will release after 3 months if no one give bail to you ist true u/s?
Dear experts
please give solution for the above and how to come out from this matrimonial cluthes please help me sir as day by day i am under going tension and stress.
warm regards
mohan.D
9880962229

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P. Venu (Expert) 02 May 2014
Whatever the situation, you need to provide for your son.

Devajyoti Barman (Expert) 02 May 2014
1. She can apply at any point of time. this case is very much maintainable.
2. DV case does not apply to your mother's property. Ask the court to recall/modify the order on your mother's house.
3.why JD ,you can go for divorce as well.
4.it is usual practice.
5.not likely.
6. no merit in this.
7.you can file for divorce on non-implementation of RCR or attachment of her property.
8, suit for parition.
9.yes but only if your wife is earning.
10. wrong

ajay sethi (Expert) 02 May 2014
agree with Mr Barman

Sankaranarayanan (Expert) 02 May 2014
i too agreed with mr barman . better to consult local lawyer and move furhter

Rajendra K Goyal (Expert) 02 May 2014
Agree with the expert Devjyoti Barman ji.

Guest (Expert) 02 May 2014
Agree with Shri Barman.

T. Kalaiselvan, Advocate (Expert) 05 May 2014
I think expert Mr. Barman's brief opinion to a very lengthy query by the author is very proper, I endorse the same.

Maintenance & deomestic voilence

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