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(Guest)

Child support order - need to hire lawyer

I need to hire a lawyer who can help with the following situation. 

I have a current court order ordering me to pay Rs 30,000 ( Thirty Thousand ) as child support for two children.

I want to take up higher studies to keep up with the technology advances and stay competitive in the market.

Ex wife has a job. I am not paying alimony. 

I need to get a reduced child support order. Can I get my child reduced based on the fact that I will have reduced or no income for a few years ( 2 years ) while  I am studying. My employer pays me for education and living expenses for two years but during the study period, I dont get a salary. 

If you are a competent lawyer who can handle  this case, please post your particulars and I will reach out to you.  An upfront retainer will be paid upon signing vakaltnama. 

Best Regards

Adam

PS: If anyone on this forum has been thro a similar situation, please post/email me your good or bad experience. How does the courts look at a case ? Do they suspect that the father is running away from responsibility ? I have not missed a single support payment so far.



Learning

 8 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

Which State/ City ADAM,

 

No lawyer worth his salt would say no to it. :P

 

 

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

pick up any lawyer standing at the gate... pay him 1000 to file the case and the rest will be in due course...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

:-)

 

But choose lawyer with care.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Circumstances ,your ex wfes salary etc would count . Your new lawyer would have to argue on the bases that both would have to share the expenses of the child as she too is a working women law states so . I dont  know on what bases your earlier order was passed or if the below mentioned points were argued

Section 125 (1) of Cr.P.C., indicate that any ‘person’ having sufficient means on refusal or neglect can be directed to pay the amount of maintenance. The word ‘person’ in the above clause would include a male or a female. Hence, though in Clause (b) Section 125 (1) Cr.P.C., the word ‘his’ is used, it cannot mean and relate to only a male. It may be noticed in this connection that Section 8 of Indian Penal Code, 1860 lays down that the pronoun ‘he’ and its derivates are used for any person, whether male or female. Further, Section 13 (1) of the General Clauses Act 1897 provides that in all Central Acts and Regulations, unless there is anything repugnant in the subject or context, words importing the masculine gender shall be taken to include females

Therefore, the pronoun ‘his’ occurring in Section 125(1) (b) Cr.P.C.,would mean and include ‘male’ and ‘female’ both. In other words, both parents whether he or she , would be liable to pay maintenance to the minor child, if other conditions under Section 125 (1) of Cr.P.C., are fulfilled.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     25 November 2011

Chg of circumstances, including ur earning capacity can result in chanbge of maintenance amnt.

There is clear provsion in law  for the same. 

u apply for reduction of mtn. 

As she is earning, she has to bear half the chidren's mtn. 

she cannot claim any mtn, and can support  children. 

Cheaper Adv c 1k fee, stding at  gate  may cost u a lot on longe run, if he don't handle the case properly, and u have to continue paying  more for longer period. ur wife is already geting money  from u to spend on litigation, so she is at double the advantage .

So engage a Sr. Advocate of repute, as u r already paying 30x12=Rs. 3,60,00 p year , and u can save if u fight properly, and get justice. FIGHT

Dr J C Vashista (Advocate)     26 November 2011

Get the maintenance reduced u/s 127 Cr. PC by hiring services of some KNOWLEDGABLE lawyer, otherwise your life, which is already miserable shall further more miserable.

On the contrary your wife is eating your money, peace of mind and what not.

Better fight it out, legal provisions and pronouncements are available, take their benefit in your best interest

Sandeep Naik (Advocate)     01 December 2011

Many heads many minds. Nobody helps u when ur in deep problem . It is unethical call myself as experienced

ladvocate. But if ur from Mumbai and in a position to contact me I will be happy tohelp u.

 

Adv. Sandeep Naik (Mob : 99670 56980 )

Email : sandystorm_1995@rediffmail.com


(Guest)

if you in bombay better go to the gate, not to sandeep...


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