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mrindia (proproitor)     10 June 2014

Mentainance before order

dear sir,
 i have 3 yr old son.my wife went in decemebr to delhi ,
my dv case has started and also proceedings are going on in CAW CELL.
judge has not passed any order for maintenance till yet...do you think it is wise to start paying a minium amt of 3000 per month as mentaianance to my wife (as she has my kid with her).without waiting for the order to be passed?will that be in my favour?pls asssist.
thanks
piyush
 

      



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 June 2014

In my opinion, it will be too early for you to send her maintenance amount because she has already approached court in this regard, if she has not done so, you are bound to maintain both hence your act was justified.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

Suppose if you pay a amount say 1000 and can later defend it say that is the maximum you can pay minus your liabilities and you are paying this for the affection of your  son, this can be deemed as a good gesture from the judge. It all depends how your senior respected counsel can defend this.

Henceforth you are advised to ask these questions in private.


(Guest)

No point in you contemplating and showing love affection towards son or wife in advance, before court orders.


Looks like you are a lakhpati.

 If you may wish so you  can voluntarily contribute to kids savings account which he only can operate.


Dont ever give it to wife, most cases, wife will eat up all money and wont spend it for kids welfare.


Let her allso contribute equally as she shared bed also with you equally.


Boys age, will be taken into consideration, his fees, his tution fees etc and your and hers income and educational qualification.


If you had that much love and affection towards kid you would have adjusted with troublemaker wife for the love you had for kid/son.  


Courts are meant for divorce, not reunion and get-together. 


Its just time when yuo will weep with one eye for the DV case your wife has put on you.  There are chances of you going behind bars without having commited any act of DV.


So my advice would be, dont be dharmaraya.  Be shakuni, pay only when court orders.  and dont forget to show your income-expenses = take home income for court to  ascertain how much you have to pay.


Make know the court your wife's income, edu, immovable asets etc, so that court can fix a fair maintenance for kid.


On the other hand as she herself deserted you, your counsel should argue that :  She left, hence no maintenace can be paid by you to her or the kid.


Good luck.



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