Wife not interested to live me but she claimed maintenance

karthik sivaraj (Querist) 09 January 2022 This query is : Open
Dear Sir/Madam,

Hi, I got married in March 2018. I am working in abroad (at the time of marriage also), she is from Bangalore. After 30 days of marriage i returned back to job in abroad, every thing was fine but suddenly she stopped communicating to me after 2-3 months without any reason, (she was conceived at the time). Then i tried to call her, arranged visit visa everything but she denied to come with me and she started going job.. After baby (boy) born, their family not allowed me to see my kid (until now it continuous).. I keep on supporting financially whenever i receive salary (since covid starts i lost job for six months tried and get job later), I tried a lot 3 years to make her understand but she told her job is only important and she is not interested to live me., Then i keep quite sometime and also due to jobless situation again i could not able to support her (from jan 2021), I am still in abroad due to work visa expiry i cant come to india, she used this situation and moved to the court under sect 125 (b)., now 7 hearing completed from my side i dint do anything, recent hearing status shows "petitioners evidence"...

I request to kindly advice me what i can do now., even now am in abroad looking for a job.

And she never live me, never talk to me, never show my kid to me (now he is 3 years)., how to defend this this.

(I have proof for whatever i sent money through online to her until dec 2020)..

Regards
Karthik

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A husband working abroad is facing a maintenance claim from his wife, who has not lived with him since shortly after their marriage and has prevented him from seeing their child. Despite his financial support until recently and attempts to reconcile, she claims he is liable for maintenance. The husband, who is currently jobless and abroad, seeks advice on defending the case, proving her employment, and potentially gaining custody of their child.

G. ARAVINTHAN (Expert) 10 January 2022
In humpy number of judgments Supreme Court has stated it is liability of a husband t maintain his children and wife.

karthik sivaraj (Querist) 10 January 2022
Sir, i dont know what needs to be done at this stage, since i dont have salary for past 7 months i could not able to support, before that i supported until Dec 2020.. I am searching job to change also, unfortunately not getting

In addition to the above,
1. she is working currently
2. until now not showing my kid to me (even kid does not know i am his dad)
3. And i am always always to bring them abroad , she is denying, she is not interested and filed a case against maintenance claim. Is it really correct? any way to defend this with valid reasons/proof

Thanks

kavksatyanarayana (Expert) 10 January 2022
Yes. You can defend with valid reasons and proof. As she is currently working and you are jobless, the court considers this point. But you have to give maintenance to your child is a must. You will be got child visitation rights. So consult your own counsel for this.

Advocate Bhartesh goyal (Expert) 11 January 2022
It's your moral and legal duty to maintain your wife and child,you can not escape to maintain your wife and child on pretext that you are jobless.It is also immaterial that your wife is doing job unless you prove this fact by cogent evidence.

karthik sivaraj (Querist) 11 January 2022
I agree with you Mr. Goyal, I am not escaping okay.. If I am the guy can escape means I could have not tried to reunite (3 years begged her a lot to come with me) or could have not supported 3 years for a girl who needs only from me, not even showing my kid.. Is Indian law support "girl can marry any boy and file a case for maintainance without live with that guy".. Please try to understand what I am saying,
From day 1 & Even now my statement is that, "let her come with me I will take care like anything"..
But doing like this is cheating and please don't support these type of cases as a genuine lawyer..
Please advice me in a correct way if you wish..
Thanks

SHIRISH PAWAR, 7738990900 (Expert) 11 January 2022
Hello,

Yes, it is moral duty of husband to maintain wife and child.

Your wife has filed a maintenance case so you have to appear in the case and contest it. As per the query, your wife is working and she is not ready to cohabit with you. So you have to bring your case on record of the court. Otherwise, the court will pass the order without hearing you and it is come out as a disaster to you.

karthik sivaraj (Querist) 22 January 2022
Thanks Mr. Pawar, The case is in bangalore family court,. Basically i am from tamilnadu, currently in abroad, having work agreement & visa issues it will take time to coming back to India .. I will give GPA to my father , but since my parents are aged & having health issues is it possible to change this case hearing to my place in tamilnadu.? advice please

karthik sivaraj (Querist) 19 June 2022
How can i take my kid to my custody? Please advice. As per Hindu act is it possible? also she is working and not keeping kid with her, kid is staying with in laws, i want to take care of my kid, instead of he staying with 3rd person (in laws)... Experts please advice, what needs to be done.

karthik sivaraj (Querist) 02 July 2022
How can i take my kid to my custody? Please advice. As per Hindu act is it possible? also she is working and not keeping kid with her, kid is staying with in laws, i want to take care of my kid, instead of he staying with 3rd person (in laws)... Experts please advice, what needs to be done.

karthik sivaraj (Querist) 21 December 2022
Hello experts,

My wife has filed a maintenance case, I assigned lawyer to contest on behalf of me also am currently outside i gave POA to my father to contest until i present.

I filed an objection through the lawyer against petitioner false acquisition, (false statements to be proved), after all this court passed the "Interim order" .

Anyone please advice considering the following scenarios what i have to do further:
1. I am sole responsibility for my kid maintenance - I agreed but order is too much which i feel including her maintenance (since kid not even started schooling).
2. She is working since from marriage until today (actually because of this she is not ready to cohabit with me), her verbal confirmation that she is not working is accepted by judge, but summon not sending to the concern company to proof.
3. I am also doing private job which is not permanent, in that case how can i take care a person who is not even in communication with me for past 5 years.
4. I have never seen my kid, and kid never knows i am his dad, the reason they are not allowing me..
Can anyone tell can i apply for kid to my custody?

Regards
Karthikeyan

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