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Kamal (XYZ)     10 May 2014

How to attend before family court for maintenance case

Dear Friends,

 

My wife separated from me for last one year. Now she is living with her parents. My 5 year old daughter living with her. They do not allow me to see my kid and dont allow her to attend my phone call. All attempts (family members talk, community leaders intermediary, couseling) from side for family reunion failed. She is employed with high salary (Rs. 50,000 per month). Her parents craze for money is the main reason of this separation. In January 2014, I sent a legal notice to her before filing a Restitution. I also filed a petition for child custody to our district family court. After receiving notice, she filed a Maintenance case against me demanding money (Rs. 12000/month) for kid. Coming Thursday (May 15) I have to attend family court as per her petition. My advocates told me that don't worry and just attend court. What are the things I have to care while attending family court as part of Maintenance case? This is the first time I attend a court!!



Learning

 6 Replies

navdeep (ABM)     10 May 2014

you have to file the reply of the charges she has framed on you. And prove that she is earning otherwise judge will order for maintainence amount which you have to give failing which this civil case will convert into criminal.

Adv. Santosh Yadav (Advocate/Lawyer)     11 May 2014

No Need to worry.. it is the first date your lawyer will get the copy of maintenance petition and you have to file reply on the next date.. be calm..

Ramesh (student)     11 May 2014

This is taken from the website

pls follow it

 

5 Steps to Win The Interim Maintenance

Posted: November 18, 2013 in Interim Maintenance - PWDVA
Tags:
Process

39

Interim maintenance can fight with different ways it is mostly depend upon the type of party, type of lawyer and other factor and it change case to case basis, but as per my observation few are the useful point to fight the Interim Maintenance.

5 steps to win the interim maintenance

1. Capable of working ( Add the info past and present job details )
2. Well Qualified ( add the info of her education )
3. Prima Face Case
4. Approach the Court with Unclean Hand
5. Deserted to Husband without sufficient cause

Following are the Ground for the Argument
1. Before passing interim Maintenance necessary expenses which must be deducted like ( PF, Income tax, Insurance, Home EMI, any kind of Loan )
2. Need to explain Father and mother is also your responsibility
3. Prima Face case : Explain to court from so and so date we are not living as husband and wife and not sharing the same house
4. Judgment should be passed from date of order not the date of filling the application
5. Show some of incident that Wife lies to court.
6. How she is able to survive in society from so and so date without any maintenance
7. Burden of Proof lies with applicant
8. Child is joint responsibility

What are the proof need to attached with the Interim WS
1. Her Education background and certificate
2. Her Job details like ( Bank passbook, IT return, Salary slip )
3. Her other investment detail ( Mutual fund, Insurance, property etc )
4. Few Citation which is matching your case ( Citation should be from same state for more impact )
5. Expanse report from your side
6. Your Medical certificate and your father and mother medical certificate along with expanse

Following are the Precaution while fighting for Interim Maintenance
1. Expose of Evidence : Do not expose your important evidence to other party at this stage
2. Never do Oral Argument : All the arguments should be Written argument , supported with your oral argument
3. Do Not Delay the Case: Do not delay the interim maintenance case for long time.
4. Proper Ground for Fight: Do not fight Interim on wrong ground, it is mainly depended upon both spouse salary and leaving standard in society.
5. File the production of document application
6. If she filed your wrong salary and with huge amount, it is good idea to shared your salary slip with court explaining the true information.
7. Do the proper argument for Cross of opposite party before passing the order
8. Never disclose your  strategy to opposite party.

Important point to understand.
1. Before passing any order, Court has to make sure Domestic violence has happen to Applicant
2. Before passing any order, court should consider any Incident report or DIR report
3. Never filed the RCR, most of the time it will backfire. RCR is not useful

 

Laxmi Kant Joshi (Advocate )     11 May 2014

Well suggested by your lawyer you need not have to worry just cool and calm, in your first hearing date your lawyer will collect the copy of maintenance petition which is field by your wife, on the next hearing date you have to file the reply before the court .

T. Kalaiselvan, Advocate (Advocate)     11 May 2014

Since you have engaged a lawyer, leave all your worries about the case with him, he will take care of the case, you make yourself available before the court as and when there is a hearing in the court.

great india (manager)     12 May 2014

Advice by ramesh above is an extract which is very useful in near future. Very well formulated..... Keep it up.... It'll be of great help

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