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Harrish21   03 August 2015

Wife asking divorce & maintanence

Wife applied divorce(lived from july2008 to June-2014) on grounds of cruelty which is not true, the realy truth is that i have have psoriasis since 2013, She is also asking for maintaince for her and the child, if the same skin condition would have been for her, then i would have not divorced, her also she had several affairs after i developed psoriasis,all i know is that she is raoming with guys, but i did not find out the person, How to prove this in the court, , Also since(2013) that time we did not have Sex, i do not want to live with a wife who looks only for s*x and money, 

1. How to deny her maintanence, I have been deserted and the money i earn is enough only for my expenditure. i have a child 3 years old. Kindly explain

2. No where in the divorce petition or maintaence petition she has stated that i have psoriasis and was not having s*xual relationship, i have proof that i has this skin condition

3. Based on the above fact will the judge deny the maintence due to she has deserted me just due to my skin condition. 

Thank you in Advance.



Learning

 9 Replies

Adv. Sagar R. Jadhav (Proprietor)     03 August 2015

You have to produce your all medical certificates for said decease before court and state that the reason is said decease not crualty. therefore there chances to dismiss said petition.

Adv. Sagar R. Jadhav (Proprietor)     03 August 2015

You have to produce your income proof before court, so you can show that your income is very less and not able to give maintenance.

prabhakar advocate (advocate)     03 August 2015

Dear Harish, first make up your mind that what you want?  If you do not want to stay with her anymore as her crave for body pleasure and greediness, that means you also want to have divorce - but not on the grounds which she is relying but on your own grounds.  If that is so, you reply to her divorce petition denying her every allegation specifically, while submitting your own allegations against her and seeking the divorce.  Now coming to maintenance - the court will decide it completely on other considerations - 1. whether she is working or not?  2.  How much you are earning and what are your legitimate expenses.  Taking these things into consideration,the court, if she is indigent, grant her maintenance.  If the child will be with her, then the court will also direct you to pay maintenance to the child.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)

 

saravanan s (legal advisor)     03 August 2015

to add to learned adv prabhakars advice if you can prove that she had deserted you and its wilful desertion on her part then she wont be entitled for maintenance but you need to provide maintenance to the child till he/she becomes a major.

as far as the child custody is concerned since the child is only three years old the custody will be given to the mother and you will be given visitation rights

Harrish21   03 August 2015

Thank you very much for your time and support, May god bless you all. One last question, will the court accept if i am ready to pay one time payment for my child instead of monthly payment due to monthly payment is a kind of annoying. Wife claimed(15K for her and 15K for the child) stating my salary is 56K per month which is true but i have never drawn the 56K salary due to my medical problems and for the last 1 year my salary average is only 37K per moth(my Expenses including room rent, EMI and Medical expenses itself this money is not enough)., My wife is well aware of this situation but she is looking for my parent's moey. In this case how much shall i go for one time settlement for the child alone, I love my child and i ready to pay the one time settlement for the child by getting the money from my parents. Please advise how much would be sufficient amount for the child as one time settlement based on the above income proofs. 

Thanks once again for the time and support. 

 

prabhakar advocate (advocate)     04 August 2015

It depends upon your living standards and the financial status of ancestors.  If the child is a boy, get yearly expenditure for food and clothing and medical and entertainment expensestill he attains the age of 5 and later on add educational qualifications till he passes 12th examination and later on either conventional course or professional course till he becomes major, i.e., 18 years.  If is is a girl child, along with all these expenses plus more amount for dresses and health care and all these expenses still she gets married or gets job and also add marrige expenses.  But, if you are in the thinking of getting custody rights (you may, as after divorce your wife will get remarried), then go for monthly maintenance.  Monthly maintenance will ensure you that your wife would comply the court orders regarding visitation rights and custody rights.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)

 

deep (deep)     04 August 2015

File WS refuse divorce n file rcr

Harrish21   05 August 2015

Wife is a betch IT and was working till 2011 and was earning approx 20k per month, now that she is saying that she is unemployed and cannot go to work because she need to take care of the 3 year old child but the truth is her mother is taking care of the child, so she can pretty much work, I have her past income proof, in this case will the judge ask my wife to go to job so that she can take care of 50% maintaince and I can give 50% maintainers for the child. Also she is well settled her father is a loco pilot , Kindly give your valuable comments. Thanks a lot.

A.Radha Sampath (Advocate)     23 August 2015

If your wife is /was working and has wilfully neglected you because you are suffering from psoriasis no maintenance may be awarded to her. But the custody of the child may not be givven to you for you need treatment which the young girl would not be able to help or be helped. So you need to pay for the maitenance of your child and claim visitation rights. The maintenance can be a one time payment or monthly as per the agreement then.


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