Is interrim maintenance grant even after spouse leave his or her by their own
sanjay singh
(Querist) 09 January 2015
This query is : Resolved
Sir
Is Interrim Maintenance grant even after spouse leave his or her by their own bcause I sent 3 legal notce to her when she left matrimonial house by her own after 10,15 days of marriage .And I clearly mention what she did and I m going for divorce.
Again I went to councelling while maintenance hearing.I m going with positively but she is not responding for talk, sheacts negatively Only she is saying Court will decide.
Isaac Gabriel
(Expert) 09 January 2015
You can plead about her indifference before the family court.
Nadeem Qureshi
(Expert) 09 January 2015
proved before the court regarding her own dicision and there is no sufficient reason to left your company.
the court will reject her maintenance petition on this ground.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2015
In all such cases maintenance is granted as a rule.
And only your saying has no meaning that she left of her own, you have to give evidence acceptable in court.
Giving notice for DIVORCE after alleged desertion will go against you.
Laws are gender biased and so legal matters have to be dealt most skillfully.
sanjay singh
(Querist) 10 January 2015
i was assaulted by her family when I went to brought her back because they called me to ttheir house.they wanted me to stay over there permanently and Ishould file case against my mother so she could not sale her property.their intention to grab my mother property or she die (if I live sepreatly from her)
In above context I stated through my legal notice I want divorce and you(my wife)settle down with some one.
Sir,
still what stated through legal notice willgo against me?
sanjay singh
(Querist) 10 January 2015
sir,
when she (my wife)did full drama in my house like she started abusing to my mother as well she fought with my mother.some times she gave threats she would commit sucide.As result we called police to come and stop this drama.
She used to detain by police, as a result police called her parents put charges of sum Rs 1200 and then she released and she never come back her matrimonial place.
Sir , is this a sufficient cause for her to move out from her matrimonial place and now she is alleging that we have abandoned her, infact she went out by depositing a sum Rs 1200 in the police station.i have collect that receipt from police station.
Sir
can tell me is this a sufficient evidence for me to prove that whether she left out by own
T. Kalaiselvan, Advocate
(Expert) 13 January 2015
You have merits on your side, you may very well challenge her claim and repudiate the same.Hope you have engaged a lawyer, please narrate him the entire episodes that took place between you both so that he will be able to defend your case properly.
Dr J C Vashista
(Expert) 15 January 2015
1. I agree with expert advise of Advocate Defense as well as Mr. T. Kalaiselvan.
2. Even if she has done every thing (as narrated by you), she will get maintenance untill you prove otherwise in the court at the time of evidence, despite the fact that there is a provision u/s 125(4)Cr.PC.
3. Legal notices will be fruitless in your case.
4. Donot scumb to her (or her family member's) pressure tactics, rather you are equally responsible for your mother.
5. Consult and engage a local lawyer, explain all the details/episodes/ events/happenings and documents (including police case dairy/details and proceed in a professional manner.
6. In the given circumstances I am sure, she would discontinue the marriage and has made up her mind for a divorce.
7. However, before taking a decision for divorce you must explore the possibility for reconcilliation with the help of elderly persons, councellors, relatives, friends and well wishers.
sanjay singh
(Querist) 16 January 2015
Sir,
I already file a divorce petition on the ground of cruelty i.e. 13-1 1-a ,the court send for counselling . In a counselling I said she can do murder ,I have doubt on her character and background.How can I believe now ?
Where as she is alleging if he is not ready to keep me then demanding 25 lakhs Rs because 25 lakhs Rs spent in a marriage.
After counselling directly she file a Interrim maintenance.As a result I m stucked now.
In afact the marriage is done like filmy manner an hr in my locality and the whole marriage did without prior knowledge of friends, relatives, no invitation card and not social refreshments.
Now without finalise of a interrim maintenance not proceeding.But still I m
gone for counselling outside court like Govt recognised Samaj Seva same thing explain but at end again I said still I want to live with her, where as she alleged that I used to assault her ,I demanded car from his famile and dowry
so on . When she was asked by counseller whether she wants to live with him or not,She said Court will decide.
Sir ,I want to ask Is this out side court counselling will help in my Case Or Interrim maintenance ?
sanjay singh
(Querist) 16 October 2015
Sir,
I already file a divorce petition on the ground of cruelty i.e. 13-1 1-a ,the court send for counselling . In a counselling I said she can do murder ,I have doubt on her character and background.How can I believe now ?
Where as she is alleging if he is not ready to keep me then demanding 25 lakhs Rs because 25 lakhs Rs spent in a marriage.
After counselling directly she file a Interrim maintenance.As a result I m stucked now.
In afact the marriage is done like filmy manner an hr in my locality and the whole marriage did without prior knowledge of friends, relatives, no invitation card and not social refreshments.
Now without finalise of a interrim maintenance not proceeding.But still I m
gone for counselling outside court like Govt recognised Samaj Seva same thing explain but at end again I said still I want to live with her, where as she alleged that I used to assault her ,I demanded car from his famile and dowry
so on . When she was asked by counseller whether she wants to live with him or not,She said Court will decide.
Sir ,I want to ask Is this out side court counselling will help in my Case Or Interrim maintenance ?
