Maintenance

Querist : Anonymous (Querist) 28 November 2011 This query is : Resolved
My wife is earning 17000/- per month. We have a child aged 2 years. Child is with monther and mother is residing at her parents house from last 1.5 years. She put maintenance case for her and child @ Rs. 4000/- each and says that I have earned Rs. 30,000/- per month. My actual salary is 25000/- and after deduction the payble salary is Rs. 21000/-. I put conjugal rights case and custody case on my wife. Is I am liable to pay maintenance for wife and child and how much it be fixed by the Court ?

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M.Sheik Mohammed Ali (Expert) 28 November 2011
yes, you must give maintenance your child to give liable.

Rajeev Kumar (Expert) 28 November 2011
Yes you are liable to give maintenence to your child but not liable for same of wife if you succeded in the case of RCR and refuse to restitue conjugal life

Querist : Anonymous (Querist) 28 November 2011
Is interim appplication for maintenance puts burden of maintenance for wife on me ?

Devajyoti Barman (Expert) 28 November 2011
The wife is not entitled to any maintenance for herself though you are liable to bear proportionate expenses on the child.

M/s. Y-not legal services (Expert) 28 November 2011
since she also earning sufficient money you can dfefence your case.,

as a husband and father its your duty to maintain them., rcr petition is pending which is filed by you., so you are right in your duties.

so if its decreed favour to you mesn she have to back., after that also if deny to come back you need not give maintenance.

Querist : Anonymous (Querist) 29 November 2011
thanks to all experts

Shonee Kapoor (Expert) 29 November 2011
Both you and your wife would be liable for maintenance of the child proportionate to your incomes.

2000(2) Civil court cases 632 (SC) on 28-03-2000 in Padmja Sharma vs Ratan lal sharma ----- Sec 26 HMA – It is not the law that how affluent mother may be it is the obligation only of father to maintain the minor; ------ it is both duty of husband and wife to maintain minor child---- to contribute to maintenance in proportion of salary.

Regards,

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

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