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Kamlesh (other)     16 August 2012

Maintenance case

Dear Experts : I am an Hindu, married in April 2007 and my stayed with me for 5 months with several intervals. Last, she left my house in Feb 2008 there after she gave born my daughter in Aug 2008 and never informed me. She left my house with no valid reason. She filled Maintenance case under CRPC 125 in March 2009 and DV case in January 2011. Thereafter court rewarded her with interim order of Rs. 3000/- per month as Rs. 2000 for wife and Rs. 1000 for my daughter. I proved her income by asking for witness summons and it has been proved her income is Rs. 27,082/- per month. and in July 2012 court ordered in CRPC 125 that as my wife is earning and self dependent her maintainance is completely void. But I have to pay Rs. 5000 per month as maintenance for my daughter from the date of application.

My Question is, Is she eligible for any claims from Metropolitan court (Domestic Voilence), while there is no DV proved till date or there is no police complaint against me or my family and we never harrased her in any means she left my home i never deserted her. Infact, I tried several times to bring her back to my house. I requested to Mahila Suraksha court for re-consilation and they called her. I gave an written statement that i want my wife and my daughter to come back at my home but she denied. 

My income is Rs. 65000 per year and i cannot pay Rs. 5000 per month for my daughter hence i appealed in highcourt for revision or consider my wife's income too. Pl. suggest.



Learning

 13 Replies

Ranee....... (NA)     17 August 2012

What your wife earns and what are the issues between you two is different thing...you are earning 65k yet you cant pay 5k for your daughter?Strange..

there must be some reason she left you!TELL the whole story so that you can get proper legal advice from experts.

Court has must granted this amount keeping her income in view.Because your daughter's educational expenses must be more than 5000(school fee+transportation to school+books and other accessories+tiffin+extra curricular activites) etc etc...

Never Give Up (Fighter)     17 August 2012

My Dear ..he said 65K / annum not per month.. And maintenance which he needs to pay is 5K / month.

1 Like

vijay (M)     17 August 2012

@ Ranee ....What your wife earns and what are the issues between you two is different thing

How come these are two different things?  If she could not maintain the child, why  did she beget the child and why she took it away with her.  If she cannot mantain the child she should give it up to the man. Marriage binds both parties to obligations duties towards each other, which ends when it is broken which is clear in the above case. 

Ranee....... (NA)     17 August 2012

Vijay, a child should not suffer due to disputes between it;s parents, that's what I am saying.

Mother is doing rest part of maintenance of the child which 5000 can not  meet with

 

.Marriage binds both parties to obligations duties towards each other, which ends when it is broken which is clear in the above case.

Yes it happens between husband and wife, but a father does not cease to be a father in such case.

Kamlesh (other)     17 August 2012

It took me too long to understand why she deserted me, but after some investigation i found she is in close friendship with a someone else. I have call details reports for both of them (Her and her friend) from Jan 2010 to April 2010. which says their communication is too often even at odd timings like midnight and early mornings aswell. I further tryied to ensure if it is more than a friendship or not. I had a recorded telecommunication with my wife in July 2010 where she accepted his name as his close friend who made her realises her what is true love. There are situtation in 2007, where my income is not sufficient or limited to drive the family and i have a new responsibility. I am 12th pass only and tried hard to get some extra income through LIC agency and some other photography work with my friends. Though i manage to give some time to my wife and my mother and sister. The only quarell between me and my wife is she often visit her parents without informing me or my mother and she misbehave if asking for reason. Daily after dinner we go for a walk and at that time i always tried to explain her that she should not misbehave or if she wanted to go anywhere she has to inform my mother or me, we will never deny. She is graduate and working at reliance communication after marriage, we never stop her doing the job though she deposits the salary to her father's account even after knowing the situation of my family, she never supports me or accepted as our family. I cannot give her the lavish life style which she expects, could be the reason she left my house.

Kamlesh (other)     17 August 2012

I am not saying i will not pay maintenance to my daughter, just saying that it should be reasonable considering my living standard and income. Also my wife income is 5 time than my salary, hence she should contribute in her maintenance. My wife produced the false affidevit saying my wrong income. I denied to accept it. But I don't have valid income proof to prove my income as i am working from my home. Tuitions and Ironing Clothes (my family work) I am from a Dhobi Samaj and i have an caste certificate for the same. Now after decree from Family court some suggested me to get an income certificate from Talati Office issued by collector office. I submitted all my documents required and got the income certificate which says Rs. 65000 as annual income. and this certificate is granted to produce for court purpose only. My LIC agency is terminated due to non-completion of minimum business guarantee. I received an termination letter from LIC of india saying my agency terminated effective July 2010.

Family Court ordered considering the affidevits produced by my wife that my income is Rs. 18000 per month, which is actually not right. It is too difficult to earn Rs. 18000 per month who is not even graduate, in such competition where MBA students are unemployed. Though i proved my wife's salary certificates, her offer letter, and bank statement where her salary is credited. Court just void her maintainance and not include her in contribution of my daughter's maintenance. I am not ready to accept how court can order Rs. 5k as maintenance from the date of application where a kid is aged 0 year to 4 Year.

My question is, If court odered Rs. 5000 per month form march 2009 to till date. Do you believe the expense of a child is valid for such age. What court will order if she files revision at different stages of her age.

Now This is the situation for me to suicide or to accept the jail, ignoring the responsibility of my old mother aged 65 Years.

I can prove each and every words of mine with all valid proofs you may ask for... Pl. offer me the solution what to do?

Thanks ....

Ranee....... (NA)     17 August 2012

ok...but as far i knew, court grants maintenance on income proof only, if yyou have prodced proper evidence  your revisoin petition will be fruitful.Expenditures depend upon lifestyles..

Kamlesh (other)     17 August 2012

But due to lacking of income proof before decree, Court ordered the wrong decision. Can you pl. let me know how to file revison petition. Either in Highcourt or at Family court.

Never Give Up (Fighter)     18 August 2012

Hi Kamlesh,

 

Let your advocate file appeal against this decision of court.

 

Also kid is responsibility of both parents so half of the amount should be taken care by your wife. Show your dependency (aged parents , sisters, brothers etc etc) and mention you would not be able to pay.

 

Unless you challenge the order, court is not going to change it. Also if you do not challenge it thinking of your financial capacity and keep the case lingering and avoiding paying mantenance, court wouldnt think and put you behind the bar.

 

ACT QUICKLY !!


(Guest)

ranee ........ can you please stop bugging ???

1 Like

Kamlesh (other)     20 August 2012

Thanks .. Never Give up....

Dear all Experts  : Can you pl. let me know or suggest,

Ques. If family court ordered in Section 125 (Maintenance case) and i challenged it in Highcourt, Will my wife get anything from Metropolitan court in Domestic Violence case (pending) ?

rajiv_lodha (zz)     20 August 2012

Amm u r paying in sec125 case will be adjusted with the amm DV judge decides, if any.

Kamlesh (other)     21 August 2012

I Paid Rs. 80,000/- till date.


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