maintenence case
ram agrawal
(Querist) 21 January 2011
This query is : Resolved
Respected Sir, my self rbagrawal got mutual consent divorce long back in 1998,and in the joint petition it is clearly mentioned that the wife is financially capable and does not require any maintenence,from the husband now or after the divorce granted, simultaneous we entered into an aggrement framing all the clawses of the joint petition on an Rs.100 stamp paper and the same was regestered at the registrar office in 1998,now after 9 years, in 2007, my ex wife filed a fresh case of maintenence asking of Rs.30000/-per month, starting from the divorced year 1998, she is living with her parents from 1996,and they are very well financially sound, and I am running a small business along with my father and brothers, it is a partner ship firm, I am staying with my father who is aged person, also I am having a son, whose custody she has given me long back in 1998,in 2004 she filed another case of child custody and the same was dismised,she went to high court for appeal and same is pending for final orders,my son , is now 15 years old, I did not married till now, my mother also expired in 2000, there are no female member in my house, and I have to see all the work , she is harassing me by filing all these cases , as his own brother is an advocate, I am taking care of my son right from 1999 when she left me, I am looking after my father also,kindly help me in this case, awaiting ur reply asap, thank you,God Bless You---
Devajyoti Barman
(Expert) 22 January 2011
II think your query is more about the problem of maintenance than custody of the child.
The agreement you are talkin about is void agreement as any agreement waiving the legal right is opposed to the principle of public policy. So that agreement has no force in the eye of law and if you could not proe that your ex wife is earning handsome salary , you will have no defence. The financial might of her parents would also be of no help to you.
Amit Minocha
(Expert) 22 January 2011
I disagree with Mr Barman , if in mutual divorce maintenance has been settled now she cannot back out and is bound by her petition and statement.
Abhishek Marvi
(Expert) 22 January 2011
as per the law divorce by mutual consent is granted by court,if divorce given by court than your ex wife have no right
Ahmed Daud Girach
(Expert) 22 January 2011
Sec 127 (3) crpc provides for alteration of maintenanance where in divorced wife has been paid full amount payable on divorce has been paid or she has waived the amount of maintenance voluntarily.Now you have mutual consent divorce registered with registrar.Whether civil court has ordered divorce on that ground or it was a part of documents submitted in course of proceedings.Yes according to sec 125 definition of wife includes divorced wife.So you have to face maintenance proceedings.But you can take defence of voluntariwaival of amount in light of sec.127 that will be helpful to you.Since custody matter is pending in high court you may follow it with your advocate.She has left child with you while he was of tender age when mothers care was necessary now she is asking custody at the age of 15 years is point in favour of you and against her.Court may ask childs wish also.
ram agrawal
(Querist) 14 February 2011
I need more clear advice on my case, as it is coming on final arguments,kindly help me
