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Chirag   11 August 2015

Wife asking for maintanance

My wife along with my son 1.5 yrs old has deserted me n family and went to stay at her parents place because of petty issues and its been a year she hasnt returned.....now she has filed a case for maintanace,,,.....i m ready to accept her n solve the issue....how should i fight in court.....i dnt earn that much so hw much maintance is applicable and how can i avoid from charges......



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 15 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 August 2015

The situation is not that alarming that it should reach the doorsteps of the court .Better involve elders of both the sides and setlle the matter and opt for a reunion..

Chirag   11 August 2015

if i m earning 20k a mnth and my take home is 17k how much maintanance can they asl from me for herself and  child....she is not even allowing my son to meet me......

SuperHero (Manager)     11 August 2015

@Chirag - How much your Wife asked for maintenance???

Chirag   11 August 2015

super hero.....she has just filed a case.....no such money is written on it...my hearing is on 24 august.....

amaresh   11 August 2015

Your wife may ask 1/3 of your salary, i.e approx Rs. 6000/ per month. Be prepared .

Harassedexhubby (self)     12 August 2015

Chirag just give her some money she needs to take care of your child's expenses.. Don't visit court/lawyers/ legal minded people your life will be stuffed...

give her that maintenance for 3-4 months and then ask your family elders to intervene.. Don't point her mistakes..If it doesn't resolve slowly start cutting maintenance.. By saying you have to pay for something this month etc.. Keep telling her to change her mind.. Wait for few months and then if nothing happens, I guess divorce is he only option..

Harassedexhubby (self)     12 August 2015

Or just wait for her to do whatever and live your life happily.. Jo hoga so hoga.. Find another illicit partner and make her your actual licit partner..

Harassedexhubby (self)     12 August 2015

Your wife has been wrongfully adviced by someone to file maintenance case, and that lawyer may eventually try to take it to 498a, dv and then divorce.. And mind you your wife will only be manipulated to accept to all this.. Every action of yours will be shown as your bad deed.. Just resolve this issue with elders help.. Talk to her directly and explain that you are a changed man.. Of course just bullsh*t her. As usual women like bullsh*tters.. And that doesn't suit most straight forward men..

ANAMIKA VICHARE (LAWYER)     12 August 2015

When you are ready to accept the, that time you will be spending for them muc more than the court orders...whether you really made efforts to bring them back or jus t because she filed mainit now you wnt her back.   Anyways, if you do not want divorce, you file restitution petition and file say to her maint appln/ptn...givig all yr expenses....file one prsis and sk the Jdge to senb both of you for mediation/counsilling and you offer her come back..  This is how it can be done initially

 

Further queries strictly commn throug  y Facebook A/c Anamika Vichare [New Yorlk City picture]

 

LegalFighter (test)     12 August 2015

Chirag,

1.You should have not received the summon first.

2.Get a good advocate and ask him to drag the maintanance case.Dont put vakkalat immediatly.you can drag without putting a vakkalatnama for years.He will take care of that.Tell in court that you are unemployed and searching for job.

3.Change your company and dont disclose the new company details to anyone.The burden of proving your employment details lies on your wife.

4.You must send atleast  3 thousand rupees(acc. to your salary) to your wife through money order for her and childs expense.(As a father no matter what, you must give money to take care of your child)

 

Most importantly,Discuss the above steps with your lawyer and proceed.

prabhakar advocate (advocate)     12 August 2015

On the first day in the court, request the judge to send the case for mediation.  There you sit with your wife and discuss the real problems and find out viable solutions.  Mediation will take two to three sittings.  In between, after understanding the real problems springing up between you, if necessary, organize a meeting of elders outside the court, to reach amicable settlement.  She has not taken any action for the last one year, and now filed only maintenance instead of dowry harassment, dometic violence is a clear signal that she does not want to rock the boat and trying to find an alternative mode to cohabit with you.

Prabhakar, Advocate

(M)9958670740.

Legal Aid panelist - Central Delhi, Tis Hazari.

Chirag   29 December 2015

Dear Memnbers, We had our counselling done and in counselling they didint respond properly asking for property and etc....counselling members got angry on them and took us to judge.Judge took us to chamber & had 3 sitting in which judge tried explaing her family and my wife....but they turned him down as welll....Now my court case starts from jan 1st 2016 for 125crpc.....

I am ready to accept her back and rent a flat without any1s interferince ....if she denies will she still get maintainance...

Harassedexhubby (self)     29 December 2015

If you like her, talk to her secretly and convince her to come back and end the case.. Your in laws are idiots, so hold your nerves when you deal with them..

If you don't like her just wait n watch, if she says she has learnt her lessons and wants to come back, just be careful it may just be a ploy to get you into the 498a trap etc. As of now it looks like even if she goes for 498a you will be proved innocent at some point..  Your parents should have already disowned you for all practical reasons.  As usual claim custody pay minimum maintenance and perform all the legal tactics and even then if you are asked to pay maintenance stop working or do cash type work and just move out of India worst case go to Afghanistan marry someone better and live happily..  Don't apply for divorce etc. in India.. Let her suffer all her life, ofcourse your child will suffer all along..

SAINATH DEVALLA (LEGAL CONSULTANT)     29 December 2015

The above reply ultimately suggests suffering for both the husband, wife and the child as well,ruining their lives.


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