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Torch bearer (Educational & Financial Consultant)     05 September 2012

Possibility of maintenance

Respected Advocates,

In case of maintenance u/s 125, the counsellor of respondent is trying to deny my eligibility to get maintenance on the basis that I am well qualified and can get job to maintain myself as I was working earlier also.  It is true that I was working earlier and it was disclosed by me while proceeding the divorce case filed by my husband first and his petition was dismissed as the charges levied against me were false and could not be proved.  However, later on i filed the divorce case u/s 13 1 (a) & (b) and it was settled in my favour.. I left the job  as during the court cases my both parents died and moreover the my ex husband and his brother approached my employer many times and delebrately was sending court notices at my office address which created problems in my job and I left the job.  Now though I wish that I should get some decent job but with increasing age my eligibility for any good job is very minimal and besides this my ex husband applies to get maintenance from me on the basis of my working status.

Because of all above mentioned reasons and to attend the frequent court dates in one or the other case it is not possible for me to do any job inspite of my dire need and wish.  Kindly advise me that what is the possibility in my case to get the maintenance.

regards



Learning

 4 Replies

stanley (Freedom)     05 September 2012

Yes the opposite counsel can oppose your move for maintanence on grounds that you are well qualified ,were working earlier etc  have sufficient means and are working now as you have stated in your post .Is your ex husband handicapped ?? so as to say he has applied for maintanence from you  ?? You can seek exemption from attending the court dates and can attend only when called for as your counsel can be present .

Torch bearer (Educational & Financial Consultant)     05 September 2012

No my ex husband is not handicapped he is having his own business where he is assisted by his younger brother.  However, he mentions that with the time his health is not good and undergone bye pass surgery somewhere 7-8 years ago and not able to work.

About exemption from attending the court...it can be in case I get decent and permanent job which is very very difficult as I mentioned because of age criteria

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 September 2012

Justice seeker,

Both of you are unemployed. Therefore  Since both are on equal footing, one cannot be asked to maintain the other unless one is unemployed and the other is employed

stanley (Freedom)     05 September 2012

if you can prove that the business is registered under his name and he still runs it  under profit .Than you can call for his documents u/s 91 CRPC like bank statements ,IT returns etc which would help you in your goal for maintanence.


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