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Kamlesh (other)     22 July 2013

Maintanance and domestic violence

 
 :

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



Learning

 6 Replies

shambhu pandey (assistant)     22 July 2013

kindly tell me latest status of your case in suit filed u/s 13 (1) of hindu marraige act and her attendence over there..or rectify the amount of maintainance by filing petition u/s 127 crpc if she is not willing to come forward then she had every right for maintancee through you for her daughter,however u could file guardian or custody petition of your daughter to look after..Even though if u are willing to consumate your marriage with your wife then first compel her attendence before family court

Kamlesh (other)     22 July 2013

Thanks for your prompt reply, My wife is present at all dates in every case. My divorce case u/s 13(1) is at issue frame stage. My wife recently in June 2013 filled u/s 127 to raise the maintenance and i filled answered in July 2013 requesting to quash her application based on her fake affidevit and income proof of her . And i requested the relief for revision in maintenance order based on her salary statements and mine, my medical bills and my education marksheet till 12th and my parents affidevit is annexed as dependent upon me. I recently filled child custody in July 2013 which was admitted and first date will be 12th Aug 2013. Pl. let me know if you have any query but pl. help and advice... Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 July 2013

Dear kamlesh

you should contact a lawyer personally with all the documents.

shambhu pandey (assistant)     23 July 2013

how about verdict in her petition u/s 127 cpc and there are stages of revision of order (if any).You should proceed with divorce case and revision of maintainance order and sumit all your averment regarding her false submission of income proof during evidence stage and cosult your sr.Ld.lawyer..

Kamlesh (other)     26 July 2013

Sir, Do you suggest me to file appeal in supreme court for order revision ?

Kamlesh (other)     02 August 2013

Dear Experts : Can anyone pl. suggest me the Supreme court advocate who can file the appeal for me, and what may be the fees and charges ? I am eligible for the legal aid services but i don't prefer or trust the legal aid as i already lost my case in Highcourt through legal aid. I belong to Ahmedabad, Gujarat.


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