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Deep_blues (Engineer)     16 December 2012

Maintenance for child during bail

Dear Sir/Madam,

please help me wid ur valuable suggestions:

  • got ex parte divorce,appeal period of 90 days over. divorce filed on apr 12 exparte granted on sep 12.
  • ex wife filed 498a and 125 crpc on may12. crpc 125 hearing is going on. chargesheet till not submitted for 498a.
  • parents got bail immidiately. my bail was rejected by session court. applied for bail at high court. highcourt granted bail with a condition that i have to pay Rs. 3000 p/m as maintenance of daughter.

my questions are:

  1. what can be done with this order, as maintenance was demanded for both and its judgement is pending?
  2. i dont want to give a single pie to her (not even as child maintenance). i rather want my minor daughter's custody as she is liable to get free accomodation,free medical,free travel,quality education due to my service. how can i appeal?
  3. the high court didnt listened anything, not abt my divorce, my allegations, pending maintenance case, expenditure on child policy, not even my monthly salary (19k after mendatory deductions). how can i fix this problm ?
  4. what will b the fate of pending maintenance case? how are they going to calculate it now (after high court's order of 3000/- for child)? ex wife is not working. marriage life was 2 yrs. all the allegations on crpc 125 is false and i can prove it. moreover divorce is granted and she has hidden the fact inspite of being served with repeted summons.

thanks in advance....



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 December 2012

It is court order you canoot avoid it. About 125 case without knowing the entire facts and petition it cannot be advised you properly.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2012

Dear Querist

you shoulkd contatced personally or over the phone

HK_Jain... (498a Fighter)     17 December 2012

rightly advised by Nadeem Sir

sri (ceo)     17 December 2012

you are drawing good salary and surprised you are in jail?

3000 is not a big thing like 19000...

incomplete info...

maintenance is your responsibility... irrespective of...

Deep_blues (Engineer)     17 December 2012

thanxx for suggestions....any ld expert with any other idea plzzzz?????????? @sri i want my child....coz she s nt gonna spend a single pie on my child..

HK_Jain... (498a Fighter)     17 December 2012

do one thing give them 3000 now and atleast secure your Anticipatory first, then fight on merit 125.remember it is your liabilty to give maintainance to your own child.

secure AB first.


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