Second Opinion and Urgent Suggestion Required Please
Amit Sharma
(Querist) 10 April 2018
This query is : Resolved
I had already posted this same case in Forums too..
I have RTR u/s 9 of HMA going in Honourable Family Court Bandra since Dec 2014.
Counselling was done (during which respondent denied coming back) and trial started which was not attended by respondent. On 10/3/16 ExPart decision order was passed. On the day of evidence filing, respondent filed her written statement (which was false and proofs of the same were given to Honourable Court by me) along with fine for cancellation of ExPart Decision Order and Maintenance claim u/s 24 of HMA. As child is staying with her, Maintenance order was passed by Honourable Court on 03/01/18 (which is high as compared to my net salary) and I was told for Chief Filing.
My lawyer told me that she has also applied for RD.
I am in total confusion that even when I'm ready to take her home and till date all expenses of the child are borne be me, how come maintenance order and RD can be filed against me.
I need urgent second opinion in this case please.
Srajadvo460
(Expert) 10 April 2018
Husband has to maintain wife and child and maintenance is fixed if wife is not earning and quantum is fixed based upon salary of the husband if the maintenance fixed in your case is on higher side go for appeal and prove your salary/earning of the wife unless you do so you have to pay the maintenance as fixed till the court say so
Ms.Usha Kapoor
(Expert) 11 April 2018
If maintenance is high go for appeal in High curt which may reduce quantum of maintenance based on your salary.
Amit Sharma
(Querist) 11 April 2018
Sarajdvo460 ji,
I am already bearing expenses of child for which bills have been submitted to Honourable Court. Apart from this Honourable Court has fixed 3K for him which is acceptable for me.
Regarding respondent, I had given proof that she is working as an event manager in Orbango. But Honourable Court has fixed 5K as maintenance to her which is not acceptable to me as this amount is bit on higher side with she still earning.
P. Venu
(Expert) 11 April 2018
The facts as posted lacks clarity. The facts posted suggests trial in the matter is yet to take place, then how is that you have provided 'proof' of the alleged falsity of the averments to the Court. Please post simple facts devoid of assumptions and presumptions.
Amit Sharma
(Querist) 12 April 2018
Yes P. Venu Sir,
Trial is yet to take place as it will be after Chief Filing as told by my Advocate on Papers.
Proof for alleged falsity of the averments to the Court has been submitted by me after Respondent's filing of Maintenance Petition.
Amit Sharma
(Querist) 12 April 2018
Yes P. Venu Sir,
Trial is yet to take place as it will be after Chief Filing as told by my Advocate on Papers.
Proof for alleged falsity of the averments to the Court has been submitted by me after Respondent's filing of Maintenance Petition.
Asgher Mahdi
(Expert) 19 April 2018
When you have already hired the services of an advocate its premature to suggest any legal opinion. Your Lawyer may best to give you remedy. Further, you have not mentioned the age of your kid so that a suggestion may be given for the claim of custody of child.Any how , consult your appointed lawyer.
