Divorce u/s 13 (1) (ia) & interiuam maintenance u/s 24

Guest (Querist) 16 December 2016 This query is : Resolved
Hi

My wife deserted me after six month of marriage i.e in the month of July'15. after In the month of Jan'16 she delivered baby girl. she filed petition in court for divorce under section 13 (1) (ia) cruelty.

her main allegation is that my husband is of doubting nature and hence he forced me to leave the job/ service. because she wanted to continue the job after marriage also.

while leaving the house she willfully took entire Shreedhan & cloth with her without informing me.

we also tried to reconciled the difference between us three times but she was not ready to come back.

In the month of August'15 she filed petition for divorce in court & in the month of March'16 she filed application for interim maintenance Rs. 25000/- in court.

her qualification is B. Com with 6 years experience in accounts & her last drawn salary was 18000 avg.

she has also done typing, tally course.

at presently she is not working since she delivered baby girl & now baby is 12 months old.

All the allegation she have made are false. she left the job due to pregnancy.

in court mediation is done in which is not willing to come back.

My qualification is B.Com with monthly salary of Rs. 32000/-
I have taken housing loan & personal Loan (both before marriage) for which total EMI is 24,500/- pm.

I have filed WS in court immediately in August'15. In replay to the legal notice I have mentioned that she must return to the matrimonial home within seven days of receipt of this reply. In Written statement I have clearly mentioned that court may direct the petitioner to return to matrimonial home.
still i have not filed RCR but. Mediation is done in which she denied to come back.

Please advice on following

1) How much maintenance i will have to pay for her & baby
2) what step i will have to take to minimize/ denied the maintenance amount to her
3) Please advice on the child custody & visitation
4) what step should I take for pressuring her to get divorce with minimum alimony.

Thanks

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adv.bharat @ PUNE (Expert) 18 December 2016
1) Deciding maintenance amount for wife & baby is discretionary power of court.
2) As she can earn she is not entitle to maintenance. You need to give her previous employer payment details to prove that she can earn by her own.
3) To get child custody& visitation right u need to file separate case.
4) Try to convince her by conduction meeting with senior members of your family.

Will u appreciate this answer by giving like on my LCI profile?

Rajendra K Goyal (Expert) 19 December 2016
You said:

1) How much maintenance i will have to pay for her & baby

Reply:

Bring all facts regarding her education, her previous employment, previous pay on the court file.

Statutory deductions are considered while deciding income of the husband. Generally Housing loan installment / personal loan installment are not considered statutory deductions.

Court would pay maintenance for the child. Total maintenance may be 1/5 to 1/3 of pay after deduction of statutory deductions..

Rajendra K Goyal (Expert) 19 December 2016
You asked:

what step i will have to take to minimize/ denied the maintenance amount to her

Reply:

Proceed as advised above / discuss with your lawyer.

You asked:

Please advice on the child custody & visitation

Reply:

File case for child custody and visitation rights till case decided.

Guest (Querist) 05 January 2017
Hi

One of my friend (who is also fighting for divorce case in court) suggested me to approach child welfare commission (CWC) for child visitation rights so that you will get visitation within 2-3 months.

Please advice whether should I file child visitation in court / CWC

Thanks

Rajendra K Goyal (Expert) 06 January 2017
Discuss with your lawyer.

Guest (Querist) 13 January 2017
Thanks for your valuable reply

In my case if I proved to the court that my wife is B. Com & was working earlier & having 5 yrs experience then court may reject her application of maintenance.

How much maintenance amount I will have to pay to the 10 months old child.

Thanks

Rajendra K Goyal (Expert) 13 January 2017
Lot of factors can be considered while fixing quantum of maintenance. No fixed foot-rule is fixed.

If your wife is not employed at present, court may consider payment to her also if court is satisfied with the circumstances.

Guest (Querist) 17 January 2017
Thanks

if court give me visitation rights for 11 months old child, what will be the place of visitation & maximum time etc.

Thanks in advance.

Rajendra K Goyal (Expert) 17 January 2017
Refer the prayer and orders of the court.

Divorce u/s 13 (1) (ia) & interiuam maintenance u/s 24

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