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Author Topic: Maintenance after wife leaving me  (Read 1173 times)

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Offline hellomister

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Maintenance after wife leaving me
« on: December 04, 2015, 11:30:51 PM »
My wife married 10 yrs back in separation from 2013. She left home leaving kids at my home 2013 and filed for maintenance after 2 months citing reasons of dowry, domestic violence, harassment which is otherwise around she was frequently harassing me for money that's beyond my capability and available resources. She has taken all actions to threaten(domestic violence, dowry harassment, suicide, harming kids and my parents), demeanor me and my character to whomever I knew or related. She characterized me and my parents negatively in the society.

The advocate who initially we engaged played by threatening, misguiding, misleading us (that he can rejoin her with us if we give kids back to her)sent our kids to mother. Immediately she filed for maintenance at court in 2013, that lawyer also turned and said not to take the case.

I have witnessed many a traumatic conditions like she deserting me frequently before 2013, the longest separation was 2 & 1/2 years along with kids. After she left my father felt sick upon my grief and condition. I was failing in every job I took up due to my marriage & relationship problems, my parents health, their surgeries, post surgical conditions. Most of the separation incidents were resolved by mediation by relatives or known people.

We have only one house my father built with his retirement benefits, which she wants to evict my parents and register the house in her name.

Both of us deposed and stood in witness - Andhra Pradesh.

1. Why am I not given any chance to ask for my children ?
2. How do I deal with a lawyer who is misguiding us ?
3. How do I get to see the depositions and witness documents from the court ?
 

Offline hellomister

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Re: Maintenance after wife leaving me
« Reply #1 on: December 05, 2015, 12:55:51 AM »
Currently I have been to witness box for the first time and then crossed by ex-party advocate.

She is asking for maintenance of  Rs.30,000/- and the house.
I am not employed now due to distress and high pressure BP based ailments and had a surgery few months back.
My & my parents health is one of the reasons that I am getting unemployed frequently.

From the begining our lawyer was insisting that I have to give her money or alimony without my fault.
My wife left even I was stopping her for the good of children. Her parents and brother is support all of her acts which I had always notified them of wrong doing, still they persist in creating problem in my marriage life.
She is using the available laws for her benefit or advantage or blackmailing from the start of our marriage day.
How can I resolve this problem ? I had attempted many a times to resolve this amicable except for financial expectations as its beyond my capacity to evict my parents who will become homeless from the existing house.

Request advice on how to go as she had lived with me barely 2 years of our entire 10 years of marriage life.
Whenever she left its either our family or me or known people will have to interfere.

Offline hellomister

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Re: Maintenance after wife leaving me
« Reply #2 on: December 05, 2015, 01:27:12 AM »
I have not replied to the initial lawyer notice as per our first advocate's advice that he will be doing reconciliation and mediation, so we don't require to reply for the notice. The lawyer notice was given for custody of children which we have done duly after two months of her leaving us.

Yes, I was ignorant of this procedure at that time.
The ex lawyer queried about the reply to notice, is it an offence which we were misguided ?

We have given reply only case went to court after approaching to current advocate.
« Last Edit: December 05, 2015, 01:31:56 AM by hellomister »

Offline advjaya

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Re: Maintenance after wife leaving me
« Reply #3 on: December 05, 2015, 01:41:15 AM »
Your wife has no legal claim over your father's property.
If you are dis satisfied with your lawyer.

You have the option to change him.

Wife who deserts cannot claim for maintenance there is a supreme court judgement.

Your fear is your biggest enemy why are you so scared.

This is just a family case.

In most probability your case will endlessly drag which is good for you.
Madras High Court Advocate

Offline hellomister

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Re: Maintenance after wife leaving me
« Reply #4 on: December 05, 2015, 01:41:42 AM »
Ours was a arranged marriage without any dowry or any financial expectations, but she is implicating me of all wrong or false cases. This we have denied.
She is accusing me of sending her out of house by beating, thrashing & necking out of house which is not true.
Yes have denied.

Offline hellomister

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Re: Maintenance after wife leaving me
« Reply #5 on: December 05, 2015, 01:46:00 AM »
Thanks Advjaya for reply.

Now that certain procedure based Q's are being posed, which I am unaware of, so my Q's please.
How do I know that I am being led or misled as I an unaware of the process.
Can you please advice on my queries ?

Offline hellomister

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Re: Maintenance after wife leaving me
« Reply #6 on: December 05, 2015, 01:47:26 AM »
How do I get to see the depositions and witness documents from the court ?

Offline advbanani

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Re: Maintenance after wife leaving me
« Reply #7 on: December 05, 2015, 03:19:31 AM »
you can apply for file inspection to check it or file for a certified copy either way.
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline advbanani

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Re: Maintenance after wife leaving me
« Reply #8 on: December 05, 2015, 03:23:24 AM »
Ours was a arranged marriage without any dowry or any financial expectations, but she is implicating me of all wrong or false cases. This we have denied.
She is accusing me of sending her out of house by beating, thrashing & necking out of house which is not true.
Yes have denied.


naturally you will deny, nor are they witness to all these happenings hence there is no solutions, judge will only listen to both parties and give dates thats all no outcome.

which is good for you as the law is tilted in wife's favour the more delay the better for you this will, help bring your wife's sky rocketing expectations grounded
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

 

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