Maintenance for child and wife
Hardik
(Querist) 18 February 2016
This query is : Resolved
Respected Lawyers,
I have been married to a girl from Kerala, but immediately after getting pregnant, she left me and living with her family. Now it has been 2 years and she lodged a complaint against me and my mom for maintenance and domestic violence respectively. I have many complications related to communications with the lawyer from Kochi and don't understand what he speaks on phone.
I have found her updated resume on Naukri.com, which states her verified mobile number and last modification of resume. I have taken screenshot of it and also she has mentioned that she was working for a company for 3 months. But she stopped working there due to her delivery. Is that screenshot proof that she worked and can I ask honorable court to deny her maintenance? I have proof of most of her fake allegations that she put in the petition. I can't travel every now and then to Kochi, because it is 2000/- km and 40 hour journey by train.
Santosh Goswami,Advocate
(Expert) 18 February 2016
It is basic postulate of law that an earning wife is not entitled to maintenance. There are few judgments which says that even a qualified lady can not claim maintenance. Since she has recently delivered a baby, court will not expect her to work and therefore there is every possibility of interim maintenance being granted. Though, later on, you can counter her claim. Rest, upon consultation.
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Guest
(Expert) 18 February 2016
In short, there is a great difference between the terms, "worked" and "working". Worked does not debar her from claiming maintenance. However, if working, you can produce the proof in the case in your support.
Rajendra K Goyal
(Expert) 18 February 2016
Repeated query:
http://www.lawyersclubindia.com/experts/False-maintenance-case-582951.asp#.VsW0Pfl97IU
atul
(Expert) 19 February 2016
Concur with Mr Dhingra; in addition to that , in my view, show documents and prove the point. Even if she is working at low income ,she may be entitled to some amount of interim maintenance as may be found reasonable for the lady in view of her status and issue of family way stage. Full details if collected and produced by you before the court will support your cause and lessen the agony.
Adv. Yogen Kakade
(Expert) 19 February 2016
yes.. this is repeated query.. already answered by experts.
P. Venu
(Expert) 19 February 2016
'I have many complications". Please furnish specific information.
Hardik
(Querist) 19 February 2016
Sir, I hv 2 Qs and I know they may sound crazy, but those questions are as below.
1. If she starts getting ailmony and she gets married in between without telling or informing me, then is there any tracking system available in court or do court keeps on monitoring such cases periodically?
2. What is best option when it comes to ailmony, lumpsum amount or monthly? Because I m not rich, and also due to above query I need your guidance. Thanks all experts above, I really appreciate your help.
Guest
(Expert) 19 February 2016
Of course, not only crazy questions, but presumptive queries on your part! Your questions raise doubt in my mind as if it is not your personal problem, rather you have put one of your academic query before the experts.
First of all, if you are really facing such a case, what is the opinion of your own lawyer on your questions?
Secondly, why do you think that court or someone else would monitor your case for life time of both of you? You have to track for yourself, if you feel like sticking with the case for life time.
Thirdly, when you are not rich, is there any specific reason to think about alimony?
Hardik
(Querist) 20 February 2016
Dhingra sir, it is my own problem and as it is mentioned that my lawyer is from Kerala and we are only connected by phone calls and hence we have many miscommunication problems, since our mode of communication is only English. Ailmony is something that i have to bear unwantedly even when she left me willingly and I hv no proof. My lawyer is not suggesting much to me due to communication barrier, he has asked me answers to filed petition which I hv already sent and today I did speed post of my real salary slip for interim maintenance date I.e on 1st March for child's ailmony. Me and my mom are going to attend court for the first time in our life, and hence I am scared a bit and seeking some guidance that I can use when I meet my lawyer f2f. My first posting date was in Dec 2015, on that day my uncle took signatures of me and my mom on Vakalat and those signatures were verified by local Advocate, since I didn't get leaves for that long, so in near future me & my mom might need to visit there. I am Bcom graduate and I hv nothing to do with academics or something like that. I m sorry if I made u think that way, it wasn't intended.
P. Venu
(Expert) 20 February 2016
Your present priority should be in the proper handling of matters pending in the Court. That will take care of the things. If you are unsatisfied with the present lawyer, you may may engage a lawyer of your trust.
Guest
(Expert) 20 February 2016
Mr. Hardik,
First of all there is a major maistake on your part if you have hired a lawyer with whom you have a communications problem. Even if you feel that you can take guidance from the experts at the LCI, but you are not able to properly communicate with him or not able to understand his stand. Communication gap between you and your lawyer can cost you unimaginably. I wonder, if you expect that any help rendered to you by the members here will be of any use to you or not, if you are not able to communicate properly with your lawyer to understand each other's point of view correctly.
So, your first job should be to change your lawyer, whith whome you are comfortable to communicate properly.
Secondly, leaving aside my firt two questions, you have not replied my 3rd question, "when you are not rich, is there any specific reason to think about alimony?"
BETTER ASK QUESTIONS RELATING TO YOUR EXISTING PROBLEM, NOT WHAT YOU PRESUME FOR THE FUTURE THAT ARE NOT SURE WHETHER THOSE WILL HAPPEN OR NOT.
Even if you get answers to your unsure presumptive problems, that may rather confuse you more than providing any relief, if any problem is different in nature or happens in a different way.
Hardik
(Querist) 23 February 2016
Thank you Dhingra sir, I got your point now. Something has to be done on 1st March on interim maintenance about child I m not sure what exactly. Adv told me about analysis of my reply to petition and also I will go on next posting for "Mediation Date." I hope court won't charge maintenance beyond my capacity, like 7-8000 per month out of 18000/-.
Can I request in court that I am working in a private company and this job is also not permanent, so grant some relief, if court imposes more maintenance?
Thank you Venu sir as well. Venu sir, it is not abt trust, it is abt understanding what we communicate, because mother tongue influence is there, which makes me understand very less. Rest is fine.
