Maintenace for child
mohan.D
(Querist) 15 May 2014
This query is : Resolved
Dear experts
Mohan here today my lawyer has filed a objection u/s 127(1) arguing that {DV u/s19&23&mainteance u/s 125(1) cases should be combined has she cannot claim mainteance in both the cases Dv case apply to those couples which are staying together has she is leaving with here parents since decmeber 2010 then the matter of DV doest apply and the house which she has cliamed is the house of mohan mother which is the absoulet owner of the house it is sridana neither his son and daughter-in-law cannot claim from here self acquired property has EX-part RCR degree is executed When the order of Hon’ble Family court has not followed by the petitioner and when the order is in existence till today then question of grant interim maintence towards 1st petitioner is not permissible one under law and she is drawning hand full to money is sufficent to maintean hereself and child has my client is jobless and his wife has giving mental harssement and threating in order to extrot his decised father property and money.Has he is jobless after his decised father in 14th march 2013 and he is taking care of his heart patience mother has thier is no one to look after here and property and his wife has deserted here self with no sufficent reason she and his son is not entitled for mainteance and my client mohan is ready to cohibit here and his son to lead happy cordil life.
Like this my lawyer has filed the objection
and dear expert please give any suggestion and coments for the above
My query
1.will court will cancel the mainteance for both?
2.can i ask for mediation one more time has my wife has cancelled the mediation previosly?
3.My lawyer told you can apply for divorce afterwards wait what reply will come for the objection we have filled and EX-Party RCR is in execution? Any suggestion
Warm,regards
mohan
9880962229
Devajyoti Barman
(Expert) 15 May 2014
1. Unless you prove the income of your wife, the maintenance cna never be cancelled or stopped. It will be allowed for sure.
Maintenance order can be passed in both DV proceeding and the proceeding u/s 125 crpc.
2. Yes, you can ask for another mediation.
3.After one year of non-compliance of RCR decree , you can apply for divorce.
Sankaranarayanan
(Expert) 15 May 2014
Without submitting the proof, the maintanance can not be stopped. As for as the mediation concern you can request another chance. After one year you can
Sankaranarayanan
(Expert) 15 May 2014
Without submitting the proof, the maintanance can not be stopped. As for as the mediation concern you can request another chance. you can
Rajendra K Goyal
(Expert) 15 May 2014
agree with the expert Devajyoti Barman ji.
mohan.D
(Querist) 15 May 2014
Dear experts
Thanks for your valuable suggestion.
today thier was a case of DV&mainteance case my lawyer put a objection and told to the court that his wife is working and we have already submitted the salary slip and appointment letter she is earning 9k/month at it is sufficent to take care of herself and child has she is deserted his husband without sufficent reason she is not intitled for any mainteance has she has left his husand on dec2010 thier is a proof of FIR copy please mark it as annexture.1 and copy of EX-PART RCR degree on date 201-10-2012 mark it as annexture.2 and bith couples are not leaving together since 3 year then thier is no point of DV.My lawyer objected that if both husband and wife leavinf together if husband has desreted his wife then DV apply only when here wife has not respected the order of RCR degree of court order thier is no point of mainteance and DV.He told to the judge please cancell the interm mainteance has his wife has not disclose the realy facts and he told due to extrotion of his deceded father property and money and his husband is not working after his deceded father from 14th march 2013 and his wife is giving mental touture haressment and curelty and his wife filed a false cases on his husband.
My wife lawyer told they have vacated the house were his wife was staying forceable when court stay order was thier my lawyer told if they have vacted the house you have complined to near by poilce station and inform to the court you got stay on oct2013 after 6 months you are telling know it is basless and he told his mother own self acquired propert and i have produced the document also no one has right to cliam the property on his mother like this my lawyer told to the judge.
my wife lawyer told make evidence of his wife know my lawyer told without giving answer to the objection how you can make evidence please give answer to the objection with proof and document
and judge has give date on 2nd june 2014 to produce all the document which they have stated in alligation and objection.
My querys
1.Will court will cancell the mainteance based on the above fact?
2.will court combine both cases DV&Mainteance has they have called on day in same court one by one and we have requested the hounarable court that objection also implies for both DV&Maintence?
3.Any point to be added please guide me experts?
4.Are we in right path?
Dear expert please guide me what best i can do.
Thanks&Warm Regards
mohan
9880962229
Devajyoti Barman
(Expert) 15 May 2014
1. No
2.If both cases are pending in the same court, then court may hear it analogously.
3.You can not avoid maintenance of the child/
4. Yes but result is unlikely.
T. Kalaiselvan, Advocate
(Expert) 15 May 2014
A proper opinion to all your queries has been given also advises were rendered suitably, nothing more to add.
