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Sameet (Engineer)     17 September 2013

Help needed

Hello,

 

My wife left me and came back to India from UK . Then she approached the women cell. The women cell approached my parents in India and finally my parents gave her all belongings which she gave us on the marriage. We got it in writing from her and then got it attested by the police.

 

After that she has filed a DV case against my parents and my family in the court. My family were served summons but I have just received my summon after an year. N I have below questions.

 

1.       As per my lawyer I have to give 35% of my salary to my wife and my son as interim maintenance. My salary in US is around 2 lac so 35% is around 70k. is this correct?

2.       Also do I have to go to India for this case?

3.       How can we reduce the interim maintenance, I haven’t done anything wrong?

 

Please advise as I am really worried about the same. Also note there is no 498



Learning

 3 Replies

Tajobsindia (Senior Partner )     17 September 2013

1.    Due diligence is expensive wordings;  It becomes as a rewarding homework to do before hiring an Advocate.

2.    In my opinion in context of this brief it would be better if via reference another Advocate is hired and present one is relieved of the brief (this case) asap and do hire second one after all due diligences. Reason; a advocate without contesting defendant case based on parties facts bare reading if gives hints on how much defendant will be parting maintenance then he is not at par to his profession and may not even plead brief (case facts) based on natural justice principals. I mean what is the point then to hire an advocate! 

3.    If you have given PoA to your current Advocate then he can represent you till evidence stage. For tendering evidence your physical presence is required otherwise her complaint case may proceed on ex parte.

4.    One should also give brief outline about wife educational qualification – status; current – income earning positional or had been or is working details etc. etc. while writing to the Forum to reply on your question on reduction of maintenance or nil maintenance as we say when we contest from husband’s side. Your brief here is incomplete and is silent on wife’s earning – qualification potentials. Expand / rephrase your this question with feedbacks to enable replier(s) to give their legal interpretations.

5.    Suggestion is to read some 100 discussions here in Family Law forum on maintenance before rephrasing your first cut to understand how maintenance awards works and such bare reading of pointed discussion also makes one understand Law in hand as applied in India.

Sameet (Engineer)     17 September 2013

I m in UK  right now... By mistake i put US...  i will talk to me lawyer if she gets such heavy maintenace i wll screww my life... and what if i come to india... she iwll get based on my Indian salary..i dnt have any 498/ dowrry case...

Advocate Ravinder (Advocate/Attorney)     17 September 2013

If you come to india, you cannot go to UK again in case your wife files any 498a case.  Your passport will be seized.  You better settle your wife with permanent alimony and compromise the matter by paying some lumpsum amount. 


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