Maintaince

Querist : Anonymous (Querist) 14 November 2011 This query is : Resolved

Me and my wife are staying sperately for last 1 and half year.
we both have a baby girl, despite of several attempt made by me to reunit no use, we tried going to our Samaj to settel the difference again no luck. this samaj is goverment registered samaj and they have given us letter stating the fact and attempts made by them.
she want my parents not to stay with me.
I am earning around 1 lack per month.
but at the same time i have parents who has heart problem and diabetic.
Also i have home loan and other expense.

She has gone to court asing for maintaince of 50,000/- K.
in turn i am filed case of CRC on her.

PLease advise as what will the court decide as i am willing to bring her back but she is not willing to come,
Will i face is criminal case against me i.e. 498a after filing the maintiance case, also she is not willing to go for settelment in that case what do i do?

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ajay sethi (Expert) 14 November 2011
your wife dosent want you to stay with your parents . you have dependent parents and a bay girl .

under the circumstances it would be advisable to take a flat separately in adjoining building . you can stay separate but yet be near to your parents .

but dont buy the flat . take it on rent .

the advantage of staying separate is she wont be able to drag your parents in 498 A case if you are staying separate . no scope of interfernce from parents so no cause for complaint

Querist : Anonymous (Querist) 14 November 2011
I tried doing the same asked her that we will stay in separate flat but no use she want me to stay next to her parents place.

M.Sheik Mohammed Ali (Expert) 14 November 2011
yes, i do ageed expert query reply

Devajyoti Barman (Expert) 14 November 2011
Generally the court grants upto 1/4th income of the husband specially when the child is with the mother.
Your readiness to bring her back would not be counted at the time of hearing of interim maintenance.

She can definitely file case u/s 498A IPC even now.

Raj Kumar Makkad (Expert) 14 November 2011
I do agree with Barman.

Sailesh Kumar Shah (Expert) 14 November 2011
already replied.

Querist : Anonymous (Querist) 14 November 2011
Is there any solutions she want's to harresh me in that case what would be my defense

Sailesh Kumar Shah (Expert) 14 November 2011
contact mr. shonee kapoor.
and visit http://498a.org/

Rajeev Kumar (Expert) 14 November 2011
Replied well by experts

Shonee Kapoor (Expert) 15 November 2011
This is a repeated query.,

RCR is of no help.

Contact local SIFF group in Mumbai, or feel free to write to me.

Regards,

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

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