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yashpal vaish (Ex Junior Engg.)     21 January 2014

Matinenace for child to wife

            I, Yashpal son of late Sh.Hari Chand aged about 45 years, resident of H.No.41/A, Anand Vihar, Kuldeep Nagar, Nanhera Road, Ambala Cantt was married on 09.05.1997 Smt.Kiran Bala and out of their wed lock a male child ‘Bhuvan’ was born on 10.08.2003. I being father is natural guardian of minor Bhuvan who is male Hindu attained the age of about 10 years. We were both employed with Railway department at Ambala.   After my marriage, I purchased the plot of the house H.No.41/A, Anand Vihar, Kuldeep Nagar, Nanhera Road, Ambala Cantt in the name of my wife Kiran Bala out of love & affection for her, from my own funds and after taking loan and my wife also took loan from the department and both together constructed the said house and both are joint owners of the said house and my wife has been trying to oust me from the said house without any reason and left my company in Dec’2011 without any reasonable cause.  Since my (VRS) retirement in Oct’2009, we were a happy family and thereafter I started a small petty Photostat shop in the name & style Vaish Photostat at Ambala Cantt. My wife and my child remained with me in the said house till the allotment of Govt. accommodation to my wife till Dec’2011. During their stay my wife instituted cases against me for grant of maintenance under section 125 CrPC and under section 12 of Protection of Women from Domestic Violence. However the petition for grant of maintenance was partially decreed by the District Judge (Family Court), Ambala vide order dated 31.10.2013 granting Rs.8,000=00 to my son from the date of application i.e. Sept’2010 and dismissing the petition of my wife since she is earning approx. Rs.33,000=00 per month from the Railways whereas I am getting pension of Rs.10,500=00 from the department and earning approx. Rs.3,000=00 from my shop after all the expenses. From Sept.2010  i.e from filling the case to Dec 2011 my child lived with me and for proof i submitted the  bank slip for depositing the fee of child upto march 2012 but court consider the amount from date of application. Against the said order I have filed a revision before Hon’le High Court of Punjab & Haryana, Chandigarh.

             At present, 6 more cases i.e.

i).         Divorce petition instituted by my wife,

ii).        Domestic Violence Act,

iii).        Suit for mandatory injunction against me by my wife to oust me from          the said house,

iv).       declaratory suit by me

v).        Petition for custody of my child filed by me

And

vi).       An appeal is filed by me against the order in a case suit for permanent       injunction restraining my wife to oust me from the said house which     was dismissed by the court.

 

            Despite all my efforts to settle the matter, my wife is adamant to oust me from the said house constructed with joint funds and refused to give the custody of the child.

 

           Since the court has granted maintenance to my minor child from the date of application which amounts to approx. Rs.3,20,000=00 and my wife would receive the money on behalf of my son in the court, I seek your advice with following questions:-

1.         Will it be appropriate to hand over the money to my wife with whom 6-7 cases are pending in the court at different stages?

 

2.         Is there any way out that I can straight away give maintenance to my         child?

 

3.         Can I seek direction from the court that I shall be depositing the fee            etc. for my child directly in his boarding school?

OR

 

4.         Is there any remedy by which I can handover the amount of maintenance to my child directly?

 

5.      Though the legislation has enacted the law for the betterment of the society and for the children at large so that they are not deprived of their right to maintenance by the father, but no clear proposition is enacted w.r.t the payment of maintenance to the child so that the litigating wife does not misappropriate the maintenance for the child given to her by the father.

6.      under which act can I monitor the expense of maintenance amount and study of my child

 I am sure; you will give me your suggestions on the above mentioned subject and guide me so that my child is not deprived of the maintenance which probably my wife would receive on his behalf. I will be glad to provide any information or clarifications. Your good-self is requested to provide me the information.



Learning

 1 Replies

dv (ghvhb)     21 January 2014

Maintainance is co extensive in case of minor child. She has to contribute equally.

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