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Kuldeep Sharma (BDM)     16 September 2017

Family Dispute

I would like to have expert opinion on the following case related to one of my friend Rajesh: He got married in 1995 and lived with his wife for about 10 years during which they had two kids (today son aged 15+ & daughter 19+). During these years wife started behaving rashly and differences started in them. Ultimately Rajesh married to another woman and got it registered and gave a copy of this certificate to her. She pretend of getting poison and husband admitted her to hospital where after he remained under custody for some days and case was filed under/s 498A, 494 against Rajesh. He was acquitted because state failed to prove the charges. She filed a civil suit under Hindu Adoption and maintenance act in which she and both kids were awarded maintenance@Rs.1,000/-each (total 3000 pm). İn this case the court created Charge on the Land of Rajesh (owned by Rajesh) due to which Rajesh is unable to raise even agricultural loan / Kisan Credit Card to maintain and develop the land. She is staying with her parents for the last over 12 years. She alongwith her parents met with the officials of the company in which Rajesh was working and represented her case wherein instead of getting some help she demanded her husband's removal from job and the company obtained forcible resignation from Rajesh. At that time (over 12 years ago Rajesh was drawing monthly salary of around Rd.25000/-). She is working as Anganwadi Worker and getting a salary of Rs.4500pm from the Govt. Besides this RS.3000pm as maintenance and doing petty tailoring work. So her total monthly income stands around Rs.8000/-+. Now she intentionally admitted her daughter to B.Sc. (Med.) İn other state to put financial burdon on Rajesh and claim higher maintenance. Now she has filed a civil suit in the court of Sr. Sub Judge under Hindu Adoption and maintenance act for enhancement from Rd.3,000pm to RS.25,000pm to meet her experiences and kids education. Rajesh is aged 51 and is unemployed for the last over 12 years and doing petty works through which his income is very negligible. My QUESTİONS; 1. Can Rajesh file a case of maintenance from his wife ? İf yes under which act and sections. 2. Can the Charge created on Land be vacated....? İf yes, please provide details how can it be vacated. 3. Can Rajesh get the custody of minor son. Rajesh is ready make a will in favour of his kids. Can this help him in any way. Now Rajesh is living with his second wife who is a govt servant. Your valuable expert opinion can help save Rajesh a lot.


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 6 Replies

Adv Radhika Mehta (Advocate)     16 September 2017

1. No he cannot.  You mentioned that he lost his job because of what his wife did.  However, what stopped him from getting a fresh job? If he is an able-bodied individual, then it is his duty to maintain his wife and not vice-versa. 

2. Details of the charge need to be provided. 

3. No he cannot get custody of the child given his past conduct.  And moreover what will be observed is that i) he wants only the son and ii) he wants to seperate the children

 

Kuldeep Sharma (BDM)     16 September 2017

Rajesh is doing petty works to run his life. Though his daughter is major, can he get custody of bothered his kids at this stage...? Of course anyhow he is paying maintenance to all the three; his wife and both kids. He also want to make a will of his ancestors property in the name of both kids...will this help Rajesh in any Way. He is also ready to bring his first wife back. Please suggest.

Kuldeep Sharma (BDM)     16 September 2017

The intentions if Rajesh's wife is not the kids but his property. she want to sell his property anyhow so that she could built a house at her parental village. She is of unstable mindset... sometimes she behaved very nice but at times she behaved like a monster and always later on she admitted that "I don't know what happened to me" as if she had undergone a fit. But Rajesh want to save the property so that he is able to transfer that as it is to his children. Please guide.

Kuldeep Sharma (BDM)     21 September 2017

Any suggestions please... anybody else may port their expert advise for this guy.

Kuldeep Sharma (BDM)     21 September 2017

Any suggestions please... anybody else may port their expert advise for this guy.

Adv Radhika Mehta (Advocate)     22 September 2017

If he wants to will the property to his children, let him do it.  However, by doing that, the court is not going to not enhance the maintenance if his wife has made out a good case. From what you have stated hereinabove, it is clear that the sudden desire to will the property to children and welcome his first wife back is nothing but an attempt to defeat the enhancement of maintenance.  He cannot take advantage of his wrongdoing in this manner. 


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