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dalesh (na)     21 February 2013

Maintenance

I have petitioned for Divorce in lower courts.after wife mutually left around 3 years ago...I put the case 1 year ago and I am paying maintenance of 10000,with big  arrears payment in 2 instalments.My wife has petitioned high court to get maintenance from day she left me(3 years ago) and not from day section 24 request was made( 1 year ago)...Will she be successful?My lawyer is suggesting I withdraw the case as she has to ask for maintenance again and judge will only give maintenance from date she applies and not from 1 year ago.Please,can any learned sirs/madam clarify?



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 3 Replies

Chetan Joshi (Advisory/Advocacy)     22 February 2013

Why would you withdraw the divorce petition to escape the maintenance...The maintenance should be granted from the date of filing  24....Do take the money previousy paid into account...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 

deepak (manager)     22 February 2013

Hi

Pl help me by ur valuable replies.iam marries for last 15 yrs but my wife was always sour with my mother and sisters.for her sake only i maitained gap with my sisters .i did not met them for last 10 years. but nw on the day of my niece marriage she consumed 3-4 alprex(generally used for relaxation of nerves) and threatened me that she has consumed 30 tablets .just to stop me from going to marriage of my niece.  i took her to hospital where she was discharged with dirst aid just a bottle of gulucose.nw she is with her parens and filed a case under section 12, for maintenace and protection from DV.iam living with my mother.house id  in mothers name. what can she claim or take from me..how much maintenance,claim for mental torture,? i have 2 sons 6 & 14 with me.what shuld i do? she is not working and post graduate in Punjabi,iam working in a private co as manager earning take hom salary of 50000 apart from reimbursement.pleesse help

stanley (Freedom)     22 February 2013

@ author 1 Dalesh

Maintanence should be paid from the date of application of HMA u/s 24.

Next if your wife is working or is highly qualified and capable of working she cant claim maintance for herself but for her children provided provided the children are with her and not with you . If the children are with you than no need to pay mainatenence . 

 

@ Author 2 Deepak 

For your two sons as they are with you and if she has not filed any relief u/s 21 of the DV act than you dont have to pay maintanence for your two sons . In the court of law if your two sons state that they want to live with you and in case she has asked for relief u/s 21 of the act she want get the same and neither maintanence for the sons as they want to live with you . 

Now the question of  maintaence for your wife comes into question for which falling facts are required 

1. Is she highly qualified . 

2. Has she worked before or is she capable of working .

Now move away from your mothers place and take a small rented place and stay . If she has asked for relief u/s 19 of the DV act that is right to residence than let her park her aXX  at the rented place  and when she has moved to the rented place you move back to your mothers place but continue pay the rent of the place . 

AS regards to maintanence please PM me will give you a solution .

 


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