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Navneet kumar   09 June 2016

I m facing divorce & maintenance cases both,want advice

Hello

facts :-

========

i got married in 2002, having two girls child  9 & 7 year . since 2013 wife is staying with her parents alongwith these two girls child .reason not any cruelty type just a kind of mutual thought differences in ideology etc. 

now after 3 years in 2016 she filed maintainance case u/s 125 crpc & interim maintainance application both worth 50000/- including girls child . she also file divorce application on basis of cruelty 13[1] of hindu marriage act .

my queries :-

==========

1. i was earning well in past up to year 2015 ,but as of now earning is zero and i m facing few criminal & civil cases both .all properties assets has been sold out . so i m not able to pay 50k

2. is there any option if i want to set compromise by court or any legal intermediaries

3. is there any option to get custody of my girls child in my favour

4. how to escape or delayed this maintainance application

 

 



Learning

 8 Replies

N R Dash.. (Advocate)     09 June 2016

- Consult a learned local advocate.

- You can approach the mediation center.

- Discuss with your wife and opt for amicable settlement & MCD.

A walk alone (-)     09 June 2016

1) maintenance order according to your pays her education, her responsibilities of children, her job etc.2) you can discuss her for MCD or you can approach mediation through court3) you can apply in court for custody of your children.

Born Fighter (xxx)     09 June 2016

Your wife could have even claimed 2L PM as maintenance....... Remember ur wife has to prove based on evidences as to what ur income is.....most important is ur current income. 

 

If u have lost job due to court cases and if there is truth then court will consider this aspect while awarding maintenance. Also courts will ascertain when and why did u sell your properties and there could be an adverse inference if its found that you have done it deliberately to avoid paying high maintenance. 

 

Remember when divorce cases reach the court its assumed that husband will declare himself a pauper to avoid paying maintenance/to reduce maintenance. So tread carefully and present ur case properly to the court.

 

Reg custody you can handle that at a later stage, u should prioritize on maintenance case.

Please try to reconcile with ur wife if possible , u have 2 sweet daughters............as per ur version there are not much issues then why seperation / divorce ???

KS Johal   10 June 2016

Very good advice given by Born Fighter - follow it.

Khush   22 June 2016

contest the case on merit

try to prove to court that u care for her and she left her matrimonial home at her own will

tell court your actual earnings and your liabilities

court may grant one third of ur earnings to your wife after deducting compulsory deductions if u have

Khush   22 June 2016

contest the case on merit

try to prove to court that u care for her and she left her matrimonial home at her own will

tell court your actual earnings and your liabilities

court may grant one third of ur earnings to your wife after deducting compulsory deductions if u have

Mukesh sharma (job )     07 July 2016

Hi navneet you need to file application in court and ask to some relief in maintaince in month you pay to your wife and 

talk with her and if she agree to give you mutul divorse than plz file case for mutul divorse 

you need to help good local lawyer who deal in family law case consult  with him and take step 

thnks 

Sonali   23 July 2016

If your wife has deserted you, living separately by mutual agreement and off lately she filed divorce then she is not eligible for maintenance even for a penny as per CrPC 125 sub section 4. However, court may grant maintenance for your child as per your current income or based on your net worth.

 

You may file for custody under GWA section 12, 15 and 25 but since your current earning is null, result may not in your favor. However, you may get access and visitation rights. Note that you are already a legal and moral guardian of your child since both of them are above 5 years age.


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