gaurav singh (clerk) 04 February 2011

Advice in maintainance case

Dear Expert Sir

i filed petition U/s13 for Divorce on the basis of cruelty as she not living with me for last 3 years and left my home by he wish and did great torture on me. she is living at her JIJAJI home. my wife once appeared in family court of my place. after that three dates have been lapsed but she did not attended hon'ble court and may be next month the decision will be final as EX PARTY. she has filed case U/s 125 in family court of her place. she filed this in reply of my case for divorce. Now i want to know

1Is there any chance to file DV case agianst me even this condition.

2) she is living with her JIJAJI home and her parents happy to live her to his home. bt i dont have any evidnece of it.

3) i m earing per month at Rs. 20000 as i m GOVT EMPLOYEE. what can the amount of maintaince.

4) what can be my defence. can i take aciton against her JIJAJI also who is also GOVT SERVANT. even i dont hv any evidence for tht.

suggtest me sir,.

sanjay

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4 Replies

Avnish Kaur (Consultant) 04 February 2011

no maintenance is allowed to a wife if living in adultery. so start collecting evidence on these lines.

what is ur tax liability

wat is ur income in hand

any dependents?

any housing loan EMIs?

any major illness u /ur dependents suffering from.

ur assets, do u own a house?

any mandatory epf/pf deduction?

ur travel expenses to office?

any other expenses u can show

DID she file a reply to ur petition? this is very important

do u have a girl at hand to get married to any moment?

Ambika (NA) 04 February 2011

ALRENATIVELY one can say she is living in her sister's house.

Proving adultery is not such an easy job, and she may not be living in adultery, a possibility

Do not be too sure that you do not have to pay her maintenance or a single penny. There are judgement and one is available in LCI itself where it is explained that you can show deductions only upto certain extent only.

Wait for other legal opinions also.

Ambika (NA) 04 February 2011

Alternatively one can say she is living with her sister, though the house may be JIJAJI's house....

keshav (manager) 05 February 2011

she is living in her sister's home...so chances of adultery is very less. regarding maintennce, if she is not working, court may order you to give her about 1800 p.m.