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NEEDHELP123 (xyz)     08 October 2013

How interim maintenance will be awarded for a deserted lady

Dear Experts, Please let me know your views/suggestions on the below topic:

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My wife deserted me 4 years back when she went for delivery. Before marriage she was working (she is MBA). After deserting me she started working. A year back she resigned voluntarily without any reason and started harassing me for money. Recently she filed false cases 498A, 323, crpc.125 and interim maintenance too. She has capacity to earn and maintain herself and my daughter too. But to extort money she stopped working and recently I got to know that she has joined some study program and insisting me to pay the fee (for her studies and for my daughter too) and rent, living expenses to her parents (as she is staying at her parents house with my 3yr old daughter)

I have done M.Tech. and worked in software industry. With the effect of these false cases and other chronic health problems (Brain tumor, back pain, memory loss etc., side effects of brain tumor) my employer forced me to leave the job. Right now I'm jobless and not in a position to find new one too due to these health reasons. My last income was 50K.

Other side my wife is demanding huge amounts (=1Lakh) for 1 year rent & living expenses and 30K for my daughter and for that b**** as interim maintenance. In the main maintenance petition also she is asking for 30K for both.   

In the court I stated that, she is still working and has good capacity to earn money. I have submitted her payslip and online profile where she is working online. In my counter I have stressed this point very strongly.

Her parents are financially strong and supporting her to do all these things to ruin my life.

I don't want to pay single penny to that b*tch. And I'm willing to pay to my daughter after getting back to normal and getting a job. Right now I'm living on mercy of my parents.

Please let me know how the court will be awarding the interim maintenance in this case. Also please let me know your insights on main maintenance too.
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Learning

 1 Replies

stanley (Freedom)     08 October 2013

As you have stated that she has sufficient means and is still working she would not be entitled to maintenance and hence you have to argue for her  interim maintenance to be dismissed .  As for the child maintenance is co-extensive and the two of you would have to contribute for the child .


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