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ram (none)     12 July 2015

Child maintainence - revision - appeal against writ petition

Hi,

 The Family court in Karnatkaa ordered (10k for wife + 5k for child) on 2013, wife lied in the family court and took judgement , I went to high court in karnataka and filed writ petition and proved that wife is earning 45k per month. The High court judge denied maintainence to wife and but passed an order saying Pay 15k per month to child. (Note: wife had applied for divorce and my RCR is still pending before the family court)

Questions:

1. I see that child maintainance co-exists as wife is earning 45k per month, my salary is 70k

2. Do i need to go to supreme court for appealing agains the judgement or do i need to file appeal or revision of child maintainance saying it co-exists.

3. I have already deposited 10Lakhs to my wife account through NEFT in 2012 and asked her to takecare of my son. can i argue in  court that interest for 10L is 10k per month.. and my share of child maintaince is already paid in advance hence i don't owe.

4. can i argue that i am willing to pay and child maintainence should be split.. by 50% 

5. note: wife had already married someone so she is not coming.. and has extra martial relationship and i'm unable to prove it.. 



Learning

 3 Replies

Suneet Gupta (www.vashiadvocates.com)     13 July 2015

Dear Sir, Since your salary is more than your wife, you will have to pay the child maintenance. While the amount can be debated the necessity to pay shall remain. You can ask for RCR or for custody of your child if you are able to prove that your wife has remarried or has an affair. Use a good detective for the same Regards, Suneet

ram (none)     13 July 2015

Thanks for the reply. the issue is i have already deposited 10Lakhs through NEFT to my wife account , the interest iteself is 10k per month.. in that case can i say that i have paid so much in advance and i have already paid my share of maintainence. if wife is working the maintainence is co-existent.

Suneet Gupta (www.vashiadvocates.com)     14 July 2015

Was the 10 lakh sent to the wife a part of the alimony settlement or for child support?

It is advisable not to transfer such monies through NEFT but to hand over a cheque for the amount through the Court.


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