Montu 04 November 2015

False dv case, nochild respo.&maintainence after 4 years!

Sir/Madam,

I am govt. servent and doing my job in Gujarat as a Fix 7800/- monthly salary. My wife left my home before 3&half year and simple goto police station but do nothing after inform in police join in civil hospital and take some medicine saying that my husband beat me. Before this 3 to 4 times she goto her parents without any kind of notice so I give application in Police Station. Now this time she is goto her parents home and ignore me and my 6 year child currently living with me. I send her legal notice before 2&half year ago.

Now she file case on me 498 and DV in DV case I submit my salary certificate that is 7800/- per month and my daughter's educatuion and other bills for my financial condition. now megistrat order my monthly 3000/- (1000 for rent and 2000 for maintenenace) I am in ahmedabad far from my home town every satuarday sunday I need to go my hometown for my daughter and I actually have no money after such a condition, My rent in ahmedabad is 3000, 2500rs for eatry and 2000 travelling expense after this I beg money from my friend and father brother so I educate my daughter.

Please Help me what I do next for reduce maintenance. My advocate not support me he told me that this is court and every one need to silent before megistrat and accept whatever condition.

I m really not able to give such a amount (that is 3000/- in my monthly salery 7800/-) what should I eat and what I eat my daughter. She not take any responisibilty so why I should give her maintainence she is educate, well family background, after 4 years why.

I will sucide if this is forcevully me.

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3 Replies

Anil Upadhyay (Lawyer) 04 November 2015

Approach Court with Proper proof of expenses in respect to you and your daughter. Put the facts before the court about what she had done in past. Article 21 of constitution, protects your right to live, so don't think for suicide.

Consult a good lawyer and approach the concerned Court.

Thanks

(Guest)

Going for appeal in HC is one option to readjudicate alimony ordered.

Second optino is wait for 5-6 months and file change in circumstances application asking judge to reduce alimony and he will have to do it, but you wil have to show bills for your expenses.

Third is just pay 3000 dont bother yourself too much, to reduce 3000, you will have to spend another 30000 for lawyer fees, and there is no gaurantee that HC will reduce 3000 to 1000, these days 3000 is the minimum ordered.

Fourth, ask wife to take back all cases and offer her to take her back, bring her back and spend 100 rs per month on her, matter finish !.