Prashant Lamba (manager) 28 June 2011

Maintenance

Hi Everyone!

Dear Sirs, my divorce on cruelty is going on in bsp family court in chattishgarh , and wife has filed crpc125 at gwalior which is in (m. p), and the first date of my divorce case was 23 june she didt came and just sent a relative with a complaint that my family has threatened her to put acid, so she cant come, the judge didt accept and told that she has to come on next date.

Now 125 case at gwalior i also took another date after 1 month.

Now the details of the maintence case on me is that i am NRI and earning rupees 50000 per month, and claimed rupees 16000 per month. But actually im an NRI but really was earning only 15000 per month but now im here from 5 months because of cases and now unemployed. and they dont even know upto now that which type of work i was doing.

My Question are : - (1). what will be the real amount court can order/or what amount court can put as Interim?

(2). Which documents i should prepare?

(3). How should i delay the proceeding so that i should delay my money to go?

(4). Can I avoing going myself and just send the Advocate, because it is a Civil Court and not a Family Court?

Thx. and Regards

Prashant

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2 Replies

Saurabh..V (Law Consultant) 29 June 2011

@Prashant

See my answers below:

(1). what will be the real amount court can order/or what amount court can put as Interim?

A1. It would be dependent on the behaviour of your wife. If she left matrimonial home without a just cause or reason, she is not entitled to any maintenance. One who chooses to leave the spouse behind on baseless ground need not be maintained. Anyways, even if she would be given maitenance, it would be equal to your status. Suppose she was living with you today, who would she be living? That's the question which is decided in the court based on proofs.

(2). Which documents i should prepare?

A2. You should prepare to show your salary slips and any proof which shows that you have lost your job. Also you should show your spendings, loans (if any) and other expenditure which you have to do other than maintaining your wife. This is also used generally as a tactics by such men who do not wish to paty hefty maintenance amount.

(3). How should i delay the proceeding so that i should delay my money to go?

A3. You cannot delay anything. If the judge smells your intention, he may order interim maintenance. So try to get things solved than to procrastinate.

(4). Can I avoing going myself and just send the Advocate, because it is a Civil Court and not a Family Court?

A4. Yes. The reason is not it is a Civil Court or Family Court but you might have a genuine reason to attend the court may be due to threat to your life or something alike. Else you cannot permanently absent yourself from court proceedings. Afterall you are the one for which the full court employees are there.

//peace

/Saurabh..V

VIMAL KUMAR SURANA (PROP) 29 June 2011

Respected sir

bellow is my quarry

my sister left her matrimonal house since 2004 due to mis behaviour of her husband and living with parents she have two children one is baby age 16 yr and one boy as 14 yr both are studying all expenses born by the her parents

one year back she file the suit for maintance of children the court granted 3000 pm but she have so far not file the suit against maintance of herself.

she contacted to local advocate they advise that court will grant maximum 5000/- as infletion rises how it possible to maintain the monthly expenditure

her husband is in government job getting salary of Rs.25000 pm and no liability are there on his head

please advise me that can i file the suit for maintance for an amount to Rs. 5000 or court will decide the amount becouse her advocate asking that maximum limit court will grant for 5000 only

will the amount we have to dicide in application the amount of maintance or not

please reply