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ravi (Manager)     17 May 2014

Child maintenance

I and my wife both of us are working in govt. jobs. Both of us are more or less getting equal salaries. Now the matter is petition filed by wife for maintenance for both, child and her self.

My wife left me in year 2009 and later on after a year when i got admitted my child in one of the good convent school in one of the metro(my local place) and was under the financial capacity of mine, she came to city to meet her parents and on pretext of holidays took child away to southern India and then later on shifted to some other place and has also caused my child to suffer with one year of education loss.... Now after that she has admitted the child in one of the international school  there in mid session citing me the reason no other alternative of getting admission in any of the other school..........

Then after last two years she has not asked any thing but suddenly one day she filed a petition in a local court there under many sections. For the child compensation,  I have also requested her to admit the child in either a Central school or a private school which is under our(both) financial limits. But she is adamant and forcing me to pay the entire dues as per her choice of international school which i feel is gross harassment as it is not as per my pocket, due to extra burden on my pocket....moreover the school was also in light due to child abuse case by local staff.......

Moreover by virtue of  central govt. officials (wife is a central govt. official) she is also entitle for Rs. 18000 for the child education per annum as well as medical facility under CGHS. Both she is not availing intentionally despite of requesting and informing her as well as she is not ready to take a transfer back to my place, so that i can atleast got child admitted in the local school here under my pocket....since child desirous to live with wife....again i can't pull child back to kill emotions forcefully doing this...but same time she is pushing me for the higher burden of expense. Same time i am not entitle for such benefits.....but entitle for other prerequisites....

simultaneously, i am also paying EMI of on of flat on joint name with her of more than Rs. 12500 per month which may also go up once the loan may got extension i.e. EMI will reach to Rs. 20000 per month......

She is asking for a monthly compensation for child and herself @ Rs.25000 per month for each i.e. Rs. 50000 per month... while both of us are individually earning Rs. 50000 per month. She is living in a Govt. provided house of class I officers......

Now please advise is there any possibility to request court for admitting child in a govt. school or any school which is under our financial capacity with a proper law or direction of the court in any case......and similar way how to present my case to reduce the unnecessary burden as planted by lady against me unnecessarily to harass me. Same time i have also filed the petition for divorce on Cruelty

and desertion for last four years or more based ground in local place. Same time she is maintaining the car and other luxuries which i am lacking because of other expenses on me....

She has also not mentioned in the petition that she is a earning lady equal to me, but later on has accepted in rejoinder to WS, when we have submitted the WS mentioning the entire status of her..........

Thanks



Learning

 4 Replies

great india (manager)     17 May 2014

Very good so chill and relax. Keep siding meagre amount as R.D. in a bank which can be used later as child maintenance is co extensive. Burden of proof lies in her to show inability to maintain. Moreover it is Anglo saxon of jurisprudence...... That no one should ve incapacitated to maintain own self. So you are lucky she's a govt. Employee. Plead court to summon her working dept. And movr application under rti

ravi (Manager)     18 May 2014

Sir, i have already done that.....but my query is not to prove her capacity....problem is how to defend myself of such kind of harassment based expenses....

She is filing cases only to harass me.....i want that child should be admitted in a school under my pocket....as well as i have no issue in paying for my child....but i wanna to fight this blackmailing....since she is not finding any other alternative so she moved to such kind of cheap activity.....

As she is frustrated.....Hence, advise me how i can present my case in front of the court.....that she is enough capable and she is just wanna to extort money from me.....

please advise with proper case citation or else any law proposition...

stanley (Freedom)     20 May 2014

Start depositing voluantry maintanence as per your capacity in order to dismiss and interim application she files  . Please remember that child maintenance is co-extensive and that both have to bear the expenses of the child . also the court would take into consideration your liabities etc and than decide on  maintenance of the child . Your wife would not be awarded any maintenance as she is a working women . 

ravi (Manager)     21 May 2014

Sir, 

My query is how come i seek justice that child education in a International School is not possible as per my earnings, moreover this is not a right of anybody to force me

 

Moreover, child was studying in my local place in a convent school whose fees was under my budget....but merely to satisfy the ego of a lady how it is justified that i should bear even the half expense which was equal to my entire expense if child would remained with me....

It is a straight forward blackmailing....as she is aware in case of divorce, it will only help her to extort more and more one time settlement....

please advise accordingly...


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