Judicial separation

Querist : Anonymous (Querist) 13 July 2011 This query is : Resolved
My son has applied for judicial separation on 30th May 2011. The first hearing is fixed on 29th August 2011. Wife is working with a package of 5.18lacs p.a. In retalliation of our petition she has prayed to the court for maintenance of Rs 15000/-p.m and litigation expenses of Rs 33000/-. My son has no assets in his name except of a car. Will he have to pay this maintenance?

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Advocate Rajkumarlaxman (Expert) 13 July 2011
It depends upon his income. what is his job the capacity of earning. even if doesnt has any assests in his name. his working, job describes his status. if they prove that then he will hav to pay a higher but not as musch as she demands. you can even state that she is a earning member and independent of her own, show that she is in no need of maintenance. her assets, everthing depends your presentaation in the case. tell your lawyer to draft the same correctly and go with it. as far as litigation expenses are concerned that is discretion of the Court , but the court will not order such a heavy costs of the case if even the decision goes in her Favour. Dont worry eeverthing demanded which is not prudent will not be accpeted.

Jitendar Kumar gupta (Expert) 13 July 2011
no he may pay the maintenance. for that you have to file the salary slip of the wife of your son.

Devajyoti Barman (Expert) 13 July 2011
Unless there is great disparity between the income of the husband and the wife, she would not be entitled to any maintenance.

Querist : Anonymous (Querist) 15 July 2011
Can this judicial separation be converted to divorce. They married on 9.11.2009. If yes, how to go about it.

Querist : Anonymous (Querist) 22 July 2011
Can anybody guide me if this juidically separation can be converted into divorce.

I am a housewife my husband is retired. We will have to shell out of our old age income. My son does not has any bank balance-which can be produced from his bank statement.

Kindly help me

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