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Mani123456 (Engineer)     23 September 2011

Maintenance post divorce under mental cruelity

I will be getting divorce under mental cruelity. I am paying the interim maintenance to my wife.

It consist of 2 parts. 10000 Rs pm for her. 2000 Rs pm for my 6 year old son. What is going to happen after

I get divorce under mental cruelity in family court?

  she may go to high court to contest the divorce case, in that case will this maintenance get restarted?

She herself is earnining around 20000 Rs per month. I understood earlier that she will not get any money for herself. But I may have to keep on paying for my son.I have been alreayd paying school fees and other stuff on actuals apart from paying 2000Rs to her for my son.

  She wants to sell her own son to me as she has been giving proposals for money to handover the custody of my son to me by paying her some money.

  I have lot of evidences which proves mental cruelity done by her.Plus she in her objections to the court wrote that she can stay with me under conditions that my parents do not stay with me.




 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 September 2011

was there any maintenance petition filed by your wife?  If so didn't you challenge that order?

If she is getting monthly income it amounts that she has got independent income, so she is not entittle for that only you will have to pay your son.

If you got enough evidence regarding cruelty then prove it in the court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011

If I could buy back my own son, I would give my right hand for it.




Shonee Kapoor


shrinivasg Advocate. (N)     24 September 2011

You have not shared your case properly. What is your income pm.? On what basis you are paying interium maintenance?Is it as per court order? If so, on what basis of income? How she is getting mentenance when she is earning? make it clear then advise can be given properly. If you can prove mental cruelty, what you want, wheter divorce or RCR? What amout she is asking for custody of your own child? how you will take care of your child? all questions are required to be answered. Anyway out of court settlement can be done by taking permisson from court for lok adalat also. 

Mani123456 (Engineer)     03 October 2011

I am earning 1 lakhs Rs PM. She is earning 20000 rs pr month. The family court has awarded her

interim maintenance of 12000 Rs per month. It includes 2000 Rs per month for my son. I have been

paying his school fees, school dress, books and stationary charges actuals.


I did not challenge the interim maintenance order in high court because  I thought her maintenace will

stop after I get the divorce under mental cruelity. I will fight got the custody of my son after getting the divorce.

she has already brain washed him a lot so I do not know whether I must buy him from her with huge amount?



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2011

:-) If there is a doubt in your mind. NO is the answer.


Don't play with child, who has been uprooted once and may be uprooted again, if you buy him only then realizing you don't want him.




Shonee Kapoor


N K Jain (.Asso. prof. Mathematics)     24 May 2012

My son has got the custody of his 6.5 old on the basis of mental cruelty by faimly trail court . His wife has filed 498a ,divrorce and trail of 498a is running. she has not appeared in court from first to 12 dates.Kindly help. N K Jain

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