Maintenance query

Oh dear father very simple;

1. Ask your parents how much would be enough to upkeep a 2 years old grandchild (utilize their worldly wise grand wisdom instead of pushing them to more worries on hai oh my oh my apply son is in trouble now-a-days due to THAT DIL which they might be brooding now a days; always give some mental work to oldies at home when such questions you face) then add 25% to it and send to your madam a hand written MO with lovely lines from college days “Dear Ms. XYZ, we both may have differences but for the same let us not alienate our only child, hence kindly for our child’s sake accept annexed MO amount and I am sure you would happily spend the same on upkeep of our child plus I also love my child”.

2. Fill hand written MO form, write above love message in space provided, take Xerox and submit in window of Post Office, Xerox receipt of MO thus sent, retain it. If it returns back you have created two proofs; copy that you sent in affection to child + amount of MO without demand that you already sent BUT was refused by mother of child. Get these admitted as and when need arise OR

3. File an (voluntary) Application in same Court with Cheque of para 1 amount as “voluntary” offer and pray the same to be continued till ‘just’ decision on child maintenance arrived by competent Court. Judge will be impressed plus you are giving him some feedback as to yoru fatherly intention plus you are also telling ld. Judge to hurry up in decision of child maintenance (as anyhow wife is earning so she will not get maint. but grey point here child maint.) and who wants to pay HUGE arrears when after 5 years such application gets decided.

All smart fathers should follow such advises for their and child best interest and press for the same in Court respectively before things go out of hand (appeal and sorry face on hearing HUGE maint. awarded and then coming back to LCI and chew more bandwiddth on same discussed issues whose solution a father should already thought about the day child born out of wedlock)

Re-read calmly above paras and then place rebuttal for and/or against simple self-solutions to legal problems otherwise ATB.

[ATB = All the best]

3.1 If maint. awarded then she may file Execution of the same. If after Execution award you donot pay then as per Code / Act used via which maint. was originaly awarded genericlly maximum 1 month SI is awarded to Judgment debtor on bed and bedding diet money in civil imprisonment paid by a wife. If she pays such nominal diet money to jail warden well enough fine spend drinking tea minus any jail work for maximum 1 month in Jail and get wisdom from fellow inmates on worldly wise matters. It is quite interesting positive worldy wisdom one gains inside Jail believe me.
Otherwise at this stage no need to go into negative phase of mind is my colly. view on your last para question.

Your property will be attached to execute the order of maintenance..

@ Tajobsindia

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Are you really a professional person           ?                            ?              ?

@ Anish,

Taken note of your monosyllables as in above.... 

Now, let us hear you out then on this query and the question of the queriest that I touched as in my reply para 1 till para 3.1 are as follows:-

"Now my query is that can I send some money every month to my kid as 15000 p.m. for such a small kid is too high. Will this create any positive impact in the mind of judge and accordingly, can lower maintenance towards my kid. Also, wanted to know that how much maintenance amount is required for a 2 yr. old kid."

"In case judge declares any maintenance amt. to my wife and I dont follow it then what would be the punishment and after facing such punishment still i refused to pay any maintenance amt. to my wife then what would be the worst case scenario?"

Would you like to reply on professional conduct or alleged lack of it POV of mine or want to leave it for some other time?

Dear Sensitive Man and the format more a less can be as below and side by side apply for visitation and try to get the same passed before she starts brain washing the child and you wake up from your sleep 

BEFORE THE HON'BLE ………………..AT……………………

                                              . M. A. no xxx / 2012

Mrs …………….                                          Applicant

V/S

Mr.  ……………….                                     Respondent

 MAY IT PLEASE YOUR HONOUR

Application filed on behalf of respondent  is as under

1. The Applicant has filed an application for  Maintenance of the child .

2. The applicant is a working women earning a salary of Rs 38,000 per Month and is getting a Housing Rent allowance of XXXXX amount from her company . The applicant has demanded  Rs 15,000 per months towards maintenance of the child to be borne by  the respondent .As a matter of fact it is the duty of both the working parents to contribute towards child maintenance.

4. The Applicant and the Respondent may both have differences but the child should not be alienated as due process of court is compiled up with both the parties and  it may take years to decide .

5. Hence the respondent hereby  voluntary give’s  a Cheque of Rs XXXX which I am sure  the applicant can happily spend it on the child for the month  towards child maintenance as his contribution as he too loves the child until a just decision on child maintenance is arrived by this competent court .

It is therefore prayed that

1.     The above amount may please be continued for the proceeding  months .

2.     Any other just and equitable order in the interest of justice  may kindly be passed.

Date  …….

Respondent 

Sir,

I honestly welcome your responsible approach to maintain your child. You can send the amount which is most required for the fulfillment of the days requirement of a 2 yr old child like for the food, diapers, toys and clothing.

If the court orders any maintenance to your wife and if you find it exhorbitant, you can appeal agianst it .

Thanks a lot all the learned experts in general and Mr.Tajobsindia and Mr. Stanley in particular. I will certainly follow your guidelines and really appreciate for offering such noble services to the needful. Best Regards.

Dear Tajobs India, Stanley and other Ld. experts,

The amount which i had sent to my kid through MO has returned back. Now, should I continue to pay this amt. every month for child maintenance as I know that even in future it will get returned or should I stop it as the refusal of this time payment is enough to show my affection and intention of maintaining my kid. Best regards.

he he

I didn’t knew you really would be following the advise !

1. Yes. Follow it for next 180 days i.e. next three months.
2. Send now an RTI to same Post Office to give you True Copy of return notings i.e. "reason stated for non delivery" noted by Postman along with Postman's full name, fathers name and Employee no.  Find yourself PIO address as too much spoon feeding should be avoided in general.

Follow above para 2 each time and do keep records as stated in first reply for future admission – denial purposes.

Now you already have a proof in hand of the rejected money order and as uncle tajobs has said to continue for the next 3 months .Than Sumbit this proof in court and follow Uncle tajobs advise point no 3 . by cheque voluntary application in court  indirectly building pressure to decide upon  maintanence and to impress upon the judge and to avoid paying huge arrears in future when maintanence is decided.

This would also help you when you apply for  visitation of the kid when opposite counsel tries to opposes you and says that father  has not shown any interest /affection towards child and is not concerned about the childs welfare .

Thanks again all of you for the timely advise. Best Wishes !!!

Dear all,

As you are aware that my wife has filed divorce under section 13 i.e. mental cruelty and also demanding maintenance for herself as well as for the kid. Right now counselling sessions are going on so I wanted to know that at this juncture can I transfer any assets which are in my name to any relative so that when actually maintenance case gets started then I would be safe in terms of attachment of assets for maintenance purpose. Best regards.  

It would be nice if anyone can provide with the format of Gift deed for an under construction property.