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Kamlesh (other)     07 August 2012

Maintenance case

Dear Team : My self Kamlesh, aged 29 hindu and 12th pass. My wife is 26 aged and graduate. In my family, I have 2 sisters and my mother aged 64 years now. Both my sisters are married.

I married in April 2007 and spend 5 months together with several intervals, she rarely stays at my home, During this period my wife got pregnant and again she left my house in Feb 2008 and never came back till date. Her parents interferes in our family and supports her for no reason. She gave born to my daughter in Aug 2008, still she and her family did not informed us and when we know from our relatives and visits her place to see my daughter, her father and mother start abuse me using abusive language and threats.

Then she filed an fake maintenance case against me in march 2009 by hiding her income facts, and submitted the wrong affidevits for my income, which is not true. My actual income is Rs. 5,500 per month from Ironing clothes. I proved her income as Rs. 27,082 per month with valid appointment letters salary slips and bank statement by requesting summons from court. which is almost 5 times than my salary. As I did not submitted my income proof which i cannot prove on paper, as it our family profession. The judge considered her affidevits as valid evidence of my income proof and sentenced the order as follow. " My wife's maintenance is completly void and not eligible for any maintenance. My Daughter is now 4 years old and she is eligible for mainteance. Court ordered Rs. 5000 per month for her from the date of application which is March 2009."

Now the order executed is not satisfactory and not acceptable for me. I visited the highcourt and request for the legal aid and received based on my OBC certificate. I also prepared and income certificate from Collector office authenticated by Talati of our area, which says my income is Rs. 65,000 per year and purpose of this letter is to submit in court. I never presented this letter yet and my case is still not accepted in high court Gujarat. Pl. advice and guide me what to do. I am ready to take my daughter's custody if possible. I want to raise my daughter as my financial status and not as per her mother' s. I assume court can consider the facts which was not clear in family court regards to my income and revise the order as per my monthy income and also order my wife to contribute for her daughter's maintenance


 1 Replies

Tajobsindia (Senior Partner )     07 August 2012

1. The Income Certificate and or an Affidavit of 5.5 K should have been submitted in FC.
2. Since it was not probably submitted an adverse Order announced.
3. Child maint. is co-extensive (shared between both parents if both earning).
4. Withdraw present Appeal case in HC citing "technical reasons with liberty to file fresh removing those technicalities".
5. Then file fresh appeal in HC annexing Income Certificate with an Misc. Application for appointing Local Commissioner (LC / CC) to authentify income of natural father and bearing expenses of appointment of LC / CC and also pray I wish to meet maint. payment till case on floor and file separate suit for custody of daughter by giving its reference in same appeal case before HC. Also file a stay application.

[Off the records donot wear suit and ties to Court as in your ID image here if saying family profession is "ironing cloths" which I believe but Court may not believe].

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