Section 125 filed for extortion of money in the name of children

Sundram N (Querist) 07 December 2012 This query is : Resolved

Dear Sir,

wife filed case u/s 125 demanding hudge money of maitenance of Rs. 45000 pm.but my income is 48000pm and EMI of home loan is 8200pm and EMI of personal loan of bank is Rs. 14000pm.
Dependent on me is old aged parent and my younger brother is also who is doing LLB but he is recently married.
my two children are kept by wife and demanding big amount by way of maitenance. her father is very greedy person who is in intention to take money from me and it will misutilised in his luxury life.

kindly suggest what to do ? i want to settle my children to take in my custody if not possible than to admit in good boarding school and i will bear all cost so the education of the children can not be hampered. kindly suggest what to do.

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ajay sethi (Expert) 07 December 2012
you had raised this query earlier . we had informed you that you would be liable to pay maintenance for your children .the amount would be decided by court .sh wont get Rs 45,000 a month but reasonable amount

the courts are generally reluctant to give cusody of children to father . you can have visitation rights .

Guest (Expert) 07 December 2012
Similar query posted at another thread. You may see our reply against your other query at:
http://www.lawyersclubindia.com/experts/Property-can-be-sold-or-detain-as-wife-filed-498a-and-125-to-extort-money-357171.asp

However, Shri Ajay Sethi has replied suitably against your specific query here also.

Nadeem Qureshi (Expert) 07 December 2012
agree with experts

Raj Kumar Makkad (Expert) 08 December 2012
Why to repeatedly post the similar query again and again?

V R SHROFF (Expert) 08 December 2012
ur EMI had nothing to do .
App 1/3 of your gross income will be payable for mtn
u can say old parents as liability to decrease mtn amy.
Ur brother is not ur liability, once above 18 yrs, and his parents living. This point not worth mentioning.
Mentionng Ur EMI may harm u, she will prove your property & she can ask residence in it, so be careful.

Custody of children, u won't get.
Your offer to support brd school will prove, u can pay more.

prabhakar singh (Expert) 08 December 2012
I AGREE WITH OPINION.

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