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Divorce | maintenance - please help, completely shattered

Page no : 2

Born Fighter (xxx)     09 April 2017

Dont lose hope....

Can you mention what is the quantum of maintenance ordered and what is the evidence u presented to the court on your income.Since there is  a child involved the court will favour the wife unless you presenta strong case based on facts / eveidences

Come up with the above details and then can suggest how to go about reducing the maintenance.

In few cases it is also seen that court orders hefty maintenance for a small child. So u need to ask from wife or present details of what expenses are needed to maintain the child and dispute on amount ordered by court.

Dont get emotional but plan based on legal tactics......

 

Ananymous_AN (IT)     10 April 2017

@Sachin - Thank you for valuable information.

whatnot   10 April 2017

Originally posted by : Sachin

He can file case of custody and interim visitation rights.

In interim visitation rights mention that she should handover the child for two days saturday and sunday to father.

Recently delhi HC held that meeting father is child's fundamental right and SC has also said to trial courts not to deny visitation rights to fathers

@Sachin,

Do you have citations?

Thank you

 

Vegitta   27 April 2017

Your brother should have filled sec9 instead of divorce. However the fact u mentioned is not seems to be true, u say ur brother tried to convince her to join and just after six month he file divorce,. So it took just 6 month to to him to decide to end marriage this is contradict with the fact u mentioned. Since ur brother don't want to join her ask ur brother to pay some money with the leave of court and ask him to leave job as his wife is money prone and file application in court on lowering the future maintenance, further he can move on in life with out also taking divorce as he already has child, he can even file for sec. 9 and ask his wife to join for sake of kids where he can even ask his wife to start job to support him.

Ananymous_AN (IT)     27 April 2017

Originally posted by : Vegitta
Your brother should have filled sec9 instead of divorce. However the fact u mentioned is not seems to be true, u say ur brother tried to convince her to join and just after six month he file divorce,. So it took just 6 month to to him to decide to end marriage this is contradict with the fact u mentioned. Since ur brother don't want to join her ask ur brother to pay some money with the leave of court and ask him to leave job as his wife is money prone and file application in court on lowering the future maintenance, further he can move on in life with out also taking divorce as he already has child, he can even file for sec. 9 and ask his wife to join for sake of kids where he can even ask his wife to start job to support him.

Hi Vegitta,

I am not surprised with the interpretation of intention of filing divorce. But the 6 months duration is after she abondon my husband. His struggle to pursuade her wife for a hormonious life is somthing which start after few months of maariage. On and off fight for finanancial matters, pressure to get a separation from his family and parents, mental tortures are the things which were started and going on when they were togethher. No one really plan things, but try to handle situation as they come across. The decision of filing for divorce didn't come sudden. Wife left him when she didn't see things moving her way and afterwards for all attempts of my brother to reunite had her terms and conditions applied Things reached to saturation when he was threaten to get him-self and family framed for false allegation for Dowary and physical and mental cruality. He and so as we were as family were were really terrified with his wife intentions. Her intentions were evident to us due to some of the incident that we as family gone throgh earlier when they were together. As normally family don't plan and predict, same can be supported with evidences. Her intentions on framing family with all false allegation turned out to be true, as she put all these baselass allegation in response to divorce case and in application to mainenance case. 

The unplanned luck saved family, as both my brother and his wife were not staying in family native place. So there never been a longer substantial duration when she had stayed with family. She never had any evidences for all her charges. I don't understand why no action were taken for her false allegations.

The reasons for not filing for section 9 was mainly due to all scare and threaten that we received....

BTW, thanks for response and suggestions. Appreciate it....


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