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jsr murty, CISA, CAIIB (Asst Manager (I T))     09 June 2010

advice is needed

sir,

i am jsr murty working in central bank of india Asst Manager (I T) at hyderabad and my wife is working as superintendent in endowments deptt.. she is not coming to me reasons better known to her and her parents. and i applied for divorce as i am not keeping good health but to my petetion she filed case Cr.P.C 125 and it is not maintanable as i used to send money monthly to children and school fee etc as per requirement.  and she could not go for 498a since marraiage took place on 25 nov 1994.  but in the name of my minor kids she filed case

SEC.26 OR VII RULE 1 R/W SEC.20 OF THE HINDU ADOPTION AND MAINTENANCE ACT.1956  and she is claiming rs.37 lacs for kids education, marriage etc. and i am simple employee earning 40000 odd gross net 20000 as net. without any property.  please tell me whether shall i have to pay rs.37 lacs demanded by my wife in the name of kids????

 

yours faithfully



Learning

 2 Replies

jsr murty, CISA, CAIIB (Asst Manager (I T))     09 June 2010

sir,

i am jsr murty working in central bank of india Asst Manager (I T) at hyderabad and my wife is working as superintendent in endowments deptt.. she is not coming to me reasons better known to her and her parents. and i applied for divorce as i am not keeping good health but to my petetion she filed case Cr.P.C 125 and it is not maintanable as i used to send money monthly to children and school fee etc as per requirement.  and she could not go for 498a since marraiage took place on 25 nov 1994.  but in the name of my minor kids she filed case

SEC.26 OR VII RULE 1 R/W SEC.20 OF THE HINDU ADOPTION AND MAINTENANCE ACT.1956  and she is claiming rs.37 lacs for kids education, marriage etc. and i am simple employee earning 40000 odd gross net 20000 as net. without any property.  please tell me whether shall i have to pay rs.37 lacs demanded by my wife in the name of kids????

 

yours faithfully

R.R. KRISHNAA (Legal Manager)     09 June 2010

Dear Mr. Murthy As per law you are bound to pay maintenance to your wife and children. You shall defend the maintenance proceedings that your wife is employed as superintendent and earning a good salary. As regards maintenance to your children you may state before the court that you are already paying a good amount towards their education and you may show proof of the same if any. You may also show proof / medical expenses incurred by you towards your ill-health and the court after considering the above facts may pass a reasonable maintenance order which you shall pay. It is best to negotiate with your wife and settle the divorce / maintenance proceedings peacefully without incurring further loss of money and peace. Take care & Best regards

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