Wife has declared for living seperately
Sundram N
(Querist) 15 December 2012
This query is : Resolved
Dear Freinds,
Kindly suggest that wife always wanted to live seperately and lonely due to her bad plan with conpiracy with her brother in law and parents to capture all the property of husband but after knowing her bad plan, she wanted to live seperate and went to parent house.
at the time of living the house, husbnad said to write declaration under various clause and she expressly decalre that she wanted to live sepaerately with children and she will not claim any money from the husbnad because she is well educated and can maintain herself. but now, under presure of her parent and in law, she filed maitenance case demanding fifty thousand pm.
after going from husbnad house, she filed 498a and 125 for extorting money.
sir, advice that the signed declaration will be used in the court that she has alrady given declaration at the time departure, that she is independent and capable to earn.
ajay sethi
(Expert) 15 December 2012
yes use that signed declaration by wife that she has independent source of income . you may be able to escape liability for maintenance if she is well qualified and earning well . but you are liable to maintain your children
Devajyoti Barman
(Expert) 15 December 2012
Fight the case on merit.
Do apply for anticipatory bail if you have not got bail in the meantime.
The declaration is not of much help as it can not waive her legal right.
Raj Kumar Makkad
(Expert) 16 December 2012
I do agree with the advice of both the experts.
Sundram N
(Querist) 17 December 2012
Hounarable Ajay Sir and Senoir,
I got one information from wife that she is saying that, the signed declaration is not by her for that nature of her as she always used to divert from her statement, i requested her to write on declaration paper by her hand written that ''all written things are her best knowledge and belief and true" on declaration paper which is computer printed and she had done writting by others gainst each clause.
on declaration, she mentioned "" all the movable assests are taken away by her and she is able to earn and maintain herself and will not claim any amount of money from husband because she is lefting the house to reside seperately from husbnad on her desireif she will take children then she will bear all the expences and if not able then husbnad will take custody of children and husbnad has to bear all the expences.
if i submit that paers before the court to proof that she left my house on own desire and all allegation which are mentioned on FIR 498a and 125 are absolutely false then she will loose to extort money from me and i will get anticipatory bail easily and custody of children because she is demanding money pm in FIR of 125.
i want to bear 100% all the expences of my children.
what stratgy to be taken.
ajay sethi
(Expert) 17 December 2012
you wont get custody of children . court will award you visitation rights . generally custody is granted to mother . your children are young and needtheir mother .
