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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     30 October 2012

Maintenance

dear Experts,

 

Please advise if husband wins case on Cruelty and Desertion Grounds then still he will have to make payment of maintenance to wife who was at fault and deserted husband till she re-marry again.

 

Please advise.

 

tx and regards



Learning

 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 October 2012

There can not be any YES or NO answer to it.

 

The conduct of the parties is relevant, but there are instances where to prevent vagarancy and destitution maintenance is provided to a woman who was the erring spouse.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

stanley (Freedom)     30 October 2012

Several judgements if proved that it is desertation than no maintanence everything depends on your counsel who fights your case .

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     31 October 2012

Thanks Mr.Shonee and Mr.Stanly.

If husband has some immovable assets having some or no income does it has any bearing on maintenance if husband filed case under Cruelty and desertion.

Can the court attach these properties or direct that till disposal of divorce case it can not be disposed off etc.

What practicle precuations r required by husband before filing case for divorce under Cruelty and desertion in Delhi.

What % is being provided as maintenance these days in Delhi (boy is having net salary around 50,000,interest income around 10,000 and rent around 15,000) .He has one child from first wife who expired and old ailing mother with him.

Girl is working and may getting salary around 20-25000 (No proof is there exept mail where she admitted that she is working somewhere).She is also having interest income from FDR's of Rs.15 lac done 5 years ago which was taken as maintenance/alimoney by her in first divorce.

Presently no case is pending from any side.They r from Delhi.

Boy still want to bring her back but her parents r not interested as they r forcing for adoption of her child from previous marriage

They r separate for last 2 years and 4 months.

 

Please advise what to do ?

 

tx and regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2012

Bhaskar,

 

Your query is speculative. 

 

The court can still pass maintenance/ permanent alimony.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     01 November 2012

Sir,

 

In these circumstances what do u suggest, what action can be taken by boy.

 

Tx and regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2012

Pay if it is a small amount, otherwise challange the award

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     02 November 2012

Sir,

 

Do information in affidavit of immovable propery, shares, bank balance,PF,Gratuity etc. will increase the maintenance or it will be decided only on nect current income.

 

Please advise.

Tx and regards 


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