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Respected Experts : My wife is graduate and myself is 12th pass only. My wife filled maintenance under section 125 in March 2009, in which she prayered for Rs. 2000/- for her minor daughter (age 7months at the time of petition) and Rs. 5000/- for herself. But the senerio is she suppressed the facts that she was earning more than me through fake affidevits before family court. During trial i proved all her income on records to the court, based on which court ordered in July 2012 as maintenance for wife is completely void as she is capable enough to maintain herself. but unfortunately court ordered Rs. 5000 per month for my minor daughter which i have to pay, there is no contribution of my wife in it. I am really dissatisfied with this order, so i appealed for revision in high court but on the first date my case was dispossed off without understanding my situation and financial status court said Rs. 5000/- is the reasonable in today's inflation. So now my question are : Q 1 . What are the chances to win or for acceptance of my case in Supreme court ? Q 2. What are the grounds which i have to highlight before the court, so that court can realise the grave mistake was done and kind intereference is required in it. ? Q 3. It's a clear case of misuse of law, by submitting the fake affidevits and suppressing the true facts and seeking for maintenance ? Q 4. My salary is Rs. 14,970/- per month and my wife is earning Rs. 33,000/- per month, summons to her office executed and it was proved on records. salary slip submitted, Is minor daughter is the responsibility of father only, there are no judgements where wife or mother is contributing for her minor daughter ? Q. 5. My wife deserted me and my house in Feb 2008, my baby born in Aug 2008 she filled maintanance in March 2009 and again she filled domestic violence in March 2011, which is still pending in Metro Court, There is no police complaint against me and my family till date and no medical report or protection officers investigation report submitted, What are the chances to win this domestic violence case and if won than can i file defamation against her upon cruelty and false cases for harrasment ? In this type of cases court is giving proper judgements ? Q 6. In my familly, me and my mother, father only both sisters are married and settled at their family, I filled divorce under section 13(1) based on cruelty and desertion without valid reason, i made several attempts to bring her back before filing divorce petition through relatives and Rajya Mahila Suraksha Organisation I have the certified copy in which i showed my willingness to bring her back in March 2009 and her statement which say she denied to come back without any reason. Divorce case is still pending in Family court, What are the chances to win this case and what points should be highlighted ? Q 7. Do you recommend me to file an appeal in supreme court to review my family court maintenance order in which wife filled prayer with all her counciousness and made affidevit for the same, she is clearly understood that she is earning enough to maintain herself and her daughter is the only responsibility upon her, she is staying with her family and her father and two brother are also earning approx Rs. 90,000 per month hence there is no liability on her while my old parents are my responsibility and i am suffering from asthama ? It is too dificult to maintain in such a low salary and apart from it i am paying Rs. 5000/- per month to my daughter, Pl. help me or advice for the good soution. Thanks in Advance Kamlesh Chauhan |
