Interim maintenance & child details
Guest
(Querist) 21 June 2017
This query is : Resolved
Hi,
I got married in Jan 2015. In the months of Nov’15 my wife deserted me when she was 6 months pregnant without any valid reason. I tried to save my marriage through meetings with relatives but she was not ready to come back. After few days in the month of Dec’15 she sent me legal notice through her advocate. In her legal notice she asked me to give maintenance of Rs. 25,000/- per month. So I had given reply to her notice that she deserted me without any reason & I am ready to take her back. I had also mentioned in reply to the notice that she had taken away all her belongings i.e gold of Rs. 6 Lac and clothes also.
After few days (after receipt of reply to her notice) i.e. in the month of Dec’15 she had filed divorce petition in court u/s 13 1 (i) (ia) of HMA. Her main allegations are as following is Husband forced me to leave the Job because of his doubting nature. After filling divorce petition in court, in Dec;15 she delivered baby girl in the month of feb’16. In the month of April’16 she filed maintenance application u/s 24 & 26. Asking for Rs. 25,000/- pm maintenance for both (her & baby).
Immediately after receipt of divorce petition I had submitted my reply to the court in the month of March’16 & in the month of Jan’17 I had submitted reply to the interim maintenance application.
Till date I have not meet my baby girl & Naming ceremony is also done without informing me. She have not mentioned name of the baby in her interim maintenance application u/s 24 & 26. She have shown my monthly income is Rs. 50,000/- in her divorce petition.
She had done B. Com & tally, Typing & having total 6 yrs experience in accounts. She have worked for 2 companies in Mumbai. Before marriage she was working & also after marriage she worked for 6 months. But at presently she is not working because of baby.
My qualification is B.Com, & I have shown Net salary of Rs. 35,000/- & I Have shown loan deductions of Rs. 28,000/- (Home loan & Personal loan taken before marriage). I also have to give some money to my mother, dependent on me (staying in native place). Presently I am living alone in Pune & totally dependent on outside foods which is also not good for health.
Now my argument date is 6th july 2017. I will file application for visitation rights on same date.
Till date DV / 498 is not filed. In my Written Statement & reply filed to the court, I have clearly mentioned that I am ready to take her back. I have not filed RCR.
My questions are
1. What details should I asked to court about my baby e.g. birth certificate, Name etc.
2. Can she claim separate residence?
3. Should I give supporting’s like payslip, loan papers to court at the time of argument or with reply
4. Is loan deduction will be considered while calculating interim maintenance?
5. What are the strong arguments point in my case
6. Can they give name (surname & middle name) to my child of their choice (e.g. my wife surname etc.) before divorce or without my consent
Please advice
Thanks in advance
Dr J C Vashista
(Expert) 22 June 2017
Be brief and precise, no time for such a lengthy story.
You have already engaged a counsel to contest your case, discuss with him/her. Do not adventure to seek FREE advise.
If you have lost faith in your lawyer it would be appropriate to seek consultancy and engage some other local lawyer with all documents for proper appreciation of facts and circumstances, guide and proceed.
Rajendra K Goyal
(Expert) 22 June 2017
Agree with the expert Dr J C Vashista ji.
Dr J C Vashista
(Expert) 23 June 2017
Thank you expert Sh. Rajendra K Goyal for agreeing with me.
Rajendra K Goyal
(Expert) 23 June 2017
expert Dr. J C Vashishta ji,
you are welcome.
