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Author Topic: Maintenance Charges and legal advise  (Read 1519 times)

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Offline Deepak204

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Maintenance Charges and legal advise
« on: February 16, 2015, 12:34:10 AM »
Hi,
I am 29 years of age and married under HMA.
Post 2 months of marriage my wife started creating troubles one after the other.
After 1 year we were blessed with a baby boy. My wife went to my in laws place for delivery and post delivery she never returned. It has been more than a year now.
Despite several attempts to bring her back by my parents, myself and common relatives, she refuses to come. My in laws have been very abusive in all our attempts to bring the wife and child back.
My child is now 1 year old.
Left with no options I filed for divorce in sept 2014 and the case is on.
I have been asked to file affidavit stating income and expenses to decide for her and child maintenance.
My lawyer says that I will have to give money as maintenance for child as well as wife.
I am ok with providing money for child as he is my responsibility as well but not willing to provide anything for the wife as she has deserted me and put me in such situation.
I request to kindly guide a way forward as what options I have In the said matter

Offline advarjun

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Re: Maintenance Charges and legal advise
« Reply #1 on: February 16, 2015, 02:39:30 AM »
Contest your wife's maintenance, but accept a reasonable some of money for child maintenance in court in the next hearing
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Offline Deepak204

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Re: Maintenance Charges and legal advise
« Reply #2 on: February 16, 2015, 07:45:02 AM »
Thank you Varjun for giving a ray of hope.
Please advise, if there any case of wife being denied maintaimence by court due to desertion from her end. Kindly quote the case reference so tht I can study the same and also advise my lawyer to contest wife's maintainence.

Offline advswagata

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Re: Maintenance Charges and legal advise
« Reply #3 on: February 16, 2015, 09:48:46 PM »
yes there are supreme court judgments where  wife is not entitled to maintenance in case of desertion, ask your lawyer to provide you the citations

Offline Deepak204

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Re: Maintenance Charges and legal advise
« Reply #4 on: February 23, 2015, 02:39:09 AM »
Thanks advswagata.
Whr do u practice?
Please let me know if I can come and meet you w.r.t my case.

Offline Advocate M.Bhadra

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Re: Maintenance Charges and legal advise
« Reply #5 on: February 23, 2015, 04:01:50 AM »
Proof of desertion and cruelty from whom part was happened,it is very difficult to proof till suit dispose of you have to pay maintenance to your wife and child if she is unemployed .Your wife can claim also alimony to your divorce suit. Better try to file a Divorce Suit by mutual consent to avoid lengthy  process of laws and litigation cost by paying one time alimony which can be settled as your capacity and her demand.

----------------------M.Bhadra, advocate at Kolkata,9836589246

 

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