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Kinonessee (NA)     25 October 2012

Second wife - maintenance case

Hi All,

I am here for your guidance.

My Father's second wife had filed a case for maintenance. Second wife is first petitioner & daughter is second petitioner. She has tried to just spice up the case by telling few lies like Father didnt call to her since so long, never gave money etc. But no proof for anything.

Court has directed for interim maintenance of Rs.10k As my father is govt servant, if the order goes to his office, he will be suspended. On what basis can my father go to HC for revision?

Second wife has occupied our joint family house, even the room i was staying independently & filed a case during last couple of month of my Father's retirement. To our Bad luck.. Judge is just passing order's quickly as if everything is towards Second Wife.

What are the options going further?

Kindly assist.

-Kino



Learning

 3 Replies

Tajobsindia (Senior Partner )     26 October 2012

NO. Govt. servant does not get suspended if such Orders are served to his superiors in his Office. Least his salary gets attached if it is a very specific Order.

HC revision / going further are based on merits. The whole query lacks facts to form an opinion how, when and why he should file revision / or advise on going further!


Ranee....... (NA)     26 October 2012

Second wife's daughter also has right over your father's property though illegitimate..You have to accept it.

Raja (XYZ)     26 October 2012

Staying in a joint family.........does claim maintenance? This has to be adjudicated first!
 Consult an advocate which suits you better, and consult. You have all the options to go for a revision in the immediate high forum/court. Feel free to consult me, if require. Good luck!


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