Desertion by wife
Kishan
(Querist) 22 July 2015
This query is : Resolved
Respected sir
My wife left me and my two small children's
almost 1 and half year back .she is residing with her parents in another city.I am govt employees and finding very hard to maintain both duty and looking after my children's . My wife in no mood to return instead she is advising me to file divorce and give me 50% of salary as maintenance.
my mother's expired almost one year back
Due to cancer then also she did not help during our problem.
She is a teacher in a pct school
Kindly advice me whether she is entitled for maintenance when I am looking after children's.she even trying to file police complain against me for cruelty.
pls advice me for future course of action for me
Kishan
(Querist) 22 July 2015
Kindly guide me future course of action
SAINATH DEVALLA
(Expert) 22 July 2015
She is eligible for maintenance unless she is well qualified to earn standard income for herself.The maintenance will be decided according to UR financial status today.How did she leave the children.
Rajendra K Goyal
(Expert) 22 July 2015
Prove before the court that she is earning enough to maintain the living standard.
In case of children maintenance, bring in notice of the court all expenses regarding their maintenance.
Law is such that you can not check her registering criminal cased of DV / cruelty against you and in such case you have to defend yourself in the court.
M/s. Y-not legal services
(Expert) 23 July 2015
she is able to maintain herself mean, there is no question about maintenance.
apart from this, divorce or reunion is your choice.
just decide your self and take an advocate's help for further proceedings
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
P. Venu
(Expert) 23 July 2015
You can ask her return to you. If not, it amounts to cruelty. You can approach Family Court.
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
If she is employed and draws a handsome salary, her claim can be got rejected but you will be liable to pay maintenance to your child.
