maintenance allowance to wife , to child


my wife is TGT in HP State since from 2001 and getting salaried about 26000/-p.m basic pay 17850/- plus allowance. and my 6 year daughter residing with her at their parents home. now she filed case for maintenance to herself and  to her child along with litigation charges cum divorced under section 13 b.  i am central govt employee my basic pay is 12520/- total pay 21000/- p.m. please help me give suggestion how can i fight the case

whether i have to give maintenance allowance to wife , to child ?

whether i have to give litigation charges to her?

 if any one have any information regarding such type of case whether supreme court decision whether any judgement latest  please provide me  i am thankful to that in advance . please help

 
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NA

i think even without being an advocate now I can ask you to rest assured you do not have to pay any maintenance to your wife but you have to share expenses of your child--would not you like to as a father?


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Legal Consultant / Solicitor

You cannot deny maintenance to daughter

 
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Consultant

read LCI past posts for 3 months  and all info is there.

 
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Senior Partner

@ Author

1. I see shared by both parents equally 3.5 K pm award in the name of child probably on the making with no maint to wife and one time 4 K as litigation expenses.

However, if you would have invested on some SIP (investment plan) in the name of daughter and the day she along with child left sent money for upkeep of child the outflow would have been lesser. However file for custody and interim visitation of child suit. 


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why ur wife is living seperatly.. she & ur daughter are not entited to any maintenance jf no reasonable cause for living seperately........and she is earning sufficient to look after daughter....

 
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NA

you are wrong Abhishek

A father has to share the expenses for his child...

He cant avoid that responsibility whether she is capabel or not capable. Read the above answers and have a relook into yours. Sunstantiate it with a judgement where a father has escaped responsibility of maintaining his child...in this case it would be a shared responsibility because mothertoo  is earning.

 
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my wife file a case of 498 

now she filled  a case of maintenance & litigation charges a seprate case along with divorce case 13 1a on cruelty ground  

and also a seprate case for maintence charges for daughter which she taken from school along with her

my wife earning more than me she is govt wmplyee in state govt education department earning about 25000/-

my salary is about 21000/->> and am also sentral govt employee in p & t department 

i want to know whether she get maintenance for her self ?

 

whether she get litigation charges??

whether a judge give decision to maintenece for daughter where she only applied for  maintenace charges & litigation charges her self only along with divorce 13 1a. she applied maintence for daughter in seprate case

whether i applied for custudy for daughter she born in sept 2002?

she change the name of daugter from a to b with out consent of mine and encash the policy taken in the name of my daughter  by herself without my consent ? daughter grand father means my father give the preimum of policy from his account by cheque

 

please help me i and provided the necessary information of judgement any which is helpful to my case im am very much thankful to you please for god sake help me in details

 
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NA

im not an legal expert but its sure,ur wife cannot claim maintenance for herself.Ur child is entitled for maintenence if you want to avoid the same....u please apply for child custody.

 
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please help me court had given order regarding my above mention case

order are : by mentioning thre case in his judgement 1st marriage law journal 2006 (1) 376 titled as alka rama mutrhy vs akella sita laxmi

2. honble supreme court of india reposted in 1997 (2) apex court journal 379 s.c titlead as smt jasbir skaur sehgal vs disst judge dehradun & ors

3 high court shimla in rajni abrol vs adarsh abrol ii 1989 dms 278

that the parents of the child are employed and thus both are obliged to pay maintenance in proportion of thir salaries. so taking into consideration the salaries of the parties which have not been disputed in their respective pleadings, it can be safely held that the pettioner is not entitled for any maintenance pendentelite for herself also for litigation expenses and it is she whio is seeking divorce however she is entitled for maintenance pendentelite for her minor child who is seven years of age at the time of filing of the pettion and is in the custody of the petitioners. both parties are employed and the petitioner has also to contribute for the maintenance pendentelite of the minor child a. though child is in the custody of the pettioner which is hereby affixed at rs 3000/- from the date of filing of the petition and thus the sepondent is hereby directed to pay mainteneance pendentelite under section of 24 of hindu marriage act @rs 3000/-> from the filing of the present petition maintenance  pendentelite to the petitioner. however it is made clear that the order passed in this petition will not have any bearing in the final disposal of the main divorce petetion. the present petition is according disposed of.

 
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