Interim maintenance

allegations will be looked into at later stage. At IM stage the court will look at what wife has asked and what you can pay. If your wife has deserted you and if you can prove that ,she will get ZERO maintenance for herself. Remember Interim maintenance is the MOST important stage in any divorce process.  Your lawyer should counter her claims by giving proper reply to her interim maintenance /monetary demands.

Your wife must have asked for the moon, but she will get on basis of what you earn and standard of life she enjoyed while she stayed with you. Later if you prove she deserted you she will get nothing for herself. You need to project carefully what your standard of living is, what your expenses are / no of dependants whom you have to take care of / what your earnings are etc. The burden of proving you are capable of giving (what wife is claiming ) lies on your beloved wife. Let her prove that. If your wife is educated or was working prior to marriage then bring that to notice of court, if your wife is capable of earning then she will be asked by court to take up employment. You will have to maintain your child in any case and you should.

Consult a good divorce lawyer who has handled/defended interim maintenance cases for men. Dont accept anything in the court without legal advice, let your lawyer do the talking. File reply to IM application in time and fight tooth and nail.

In first hearing move an application immediately asking access for your child. You have right to meet your child even before IM is decided so fight for it

All the best!!

Born Fighter - Thank You

My lawyer has given reply to each and every statement with evidence also according to me evidence shows beyond doubt that she has deserted me. In this case still IM will be awarded?

For the child I am willingly accepted to pay the maintenance in my objection reply

Thanks once again

Dear Naresh

Can u pls tell what evidence have u provided for desertion?

Thanks

Dear, Proving desertion is not that easy, think from the perspective of your wife's lawyer also, You think he will accept whatever you submit to the court ? You will be able to prove it but it will take time in contested divorce cases, no matter how strong your evidences are.

You should emphasize that you were anyways maintaining your wife and child when they were with you, and its your wife's voluntary decision to seperate the child from you without any valid grounds, a child needs both parents and not just the mother.  Also mention that you reserve right to file custody of your child. 

Good that you understand your responsibility as a father but don't get over emotional , do your calculations properly and commit for a decent amount for your child. Ask your wife to submit expenses she incurs for maintaining the child. Your willingness to spend more for your child will be considered as your capacity to pay for your wife's maintenance, mind you !! and this will be counterproductive in case the court goes ahead and grants interim maintenance for your wife as this stage.  In my experience courts are women friendly and hence the damages to husband are more since the merits of the case are considered after the husbands back bone is broken on account of paying huge maintenance to non deserving wives.

(My comments are under assumption that your wife has deserted you)