Maintainance case

 You doesn't seems to be a 10th class pass by looking at your English. Any ways first come first to answer your question in legal way, your husband will receive the summons and if he has some insights of your past work experience or if you have a Bachelors degree he has an option to file objection and burden of proof lies with him. If the Judge gets convinced of his proofs you may be denied the maintenance But But But you may have filed an affidavit under the oath based on that he may file prejury case against you under sec 340 get prepared to fall in your own grave that you're digging. 

However, your husband will be liable to pay the maintenance to the child the quantum will be fixed by the judge by taking into consideration various factors. Until and unless you come with detailed info the information provided by the experts will also be half.

By looking at your statement " he has lot of porperty. will i win the case how long will it take" you seems to be behind money and nothing else from your husband. This forum is to help people in the distress and not to the greedy lot who wants to take adavantage of lot.

 

Please consult with your lawyer for more clarification.

sir sorry but i am not for money. i am not any graduate. i am a middle class girl with kid.

my husband hrrassed me for 7 yrs and one his brothers marriage with own relation he got

frustrated and threw me out  on 19-5-2013 for no reason. in the police station they did not take

any fir due to my m in laws influence. i lost 10000 due to another fake lady lawyer who filed mutual consent. on his behalf.

now tell me sir i have found a good lawyer and filed case but i dont know  the dealings of court so i asked my doubt in here. i have studied in kendriya vidyalaya

 so my english seems good i have no false statements.

Hey Deepa. In the eyes of Law all are equal. Many of them in this forum are struggling in one way or the other. Keep trust in God, When matter in court either one party will succumb and to the majority time it will be the person who has no evidence of cruelty will succumb first, don't worry if you feel that you're true carry one with your case let case go until the evidence and Cross Evidence stage, the person with wrong intention will succumb.

 

Good luck

In court, it takes few years. You have also file for interim maintenance for immediate response. The quantum of the maintenance is base on the income of the husband.  

First check up with your advocate that Process Fee was filed or not.  After 1st date of hearing of your petition, i.e,12.08.2013 (immedately after your filing of petition for maintenance along with application for interim maintenance), the judge orders notice to the opposite party and directing you to file Process Fee.  Once process fee has been filed, a notice goes to your husband.  He may appear on the next date or one or two dates, he may avoid.  Once he appears (that may be after two to three dates), he seeks permission to file reply to your petition and after receiving of the reply from his side immediately, the court, at the insistence of your advocate hear the arguments on interim maintenance application and order for interim maintenance within 15 days from the date of hearing.  The maintenace you get will be roughly about 1/3rd of his income, subject to the proof you bring on record.

sir, i want to know whether i will get any maintainace from my husband who does not earn anything, who is dependent on my mother in law ( govt teacher ). I have to pay my daughter's long pending school fees. i dont have any way i am confused ?

Getting maintenance is not only the solution....for you,for your child and for your social husband.

 

Think what you want exactly?

hi Deepa, first you have to file a complain against you husband and in-laws in Mahila thana and SSP office in your home town.they will call your husband for compromise.if he will not ready for compromise after that police register your FIR.boz there is high court law not to file direct FIR in case 498A. if police take bribe from your husband than you can register you FIR through lower court. and in your case in 125CRPC: first speak with your lawyer to try for short dates. if he will not receive the summon than send the summon in his office with his boss name.

sir iam not for money but every person needs basic facilities for living. iam still thinking i can get back my husband. what happens next sir in maintainace case after hearing?? can he call me back after so much drama which he has created himself???

hope is good thing.but prepare for next part of your life.may be or may be not. it's depend. 125 case take time.first try to find out your husband salary detail and submit your statement in your case ASAP.speak with your lawyer.and u can file RCR for want to go back at your husband home.and one more thing if you file RCR thn ur husband can not file sec13b against you for divorce.

Sir yesterday was hearing he is rejecting me and my daughter for no reason . He is theatening mediator that he will commit suicide if he is councelled further. He is not prepared for compromise even if he should face any consequences as reffered by the mediator i doubt that he is into some affair or married some one else becoz i am staying with my parents. He is happy and pretending simply . Sir before also i got to know of his affair by

Sir yesterday was hearing he is rejecting me and my daughter for no reason . He is theatening mediator that he will commit suicide if he is councelled further. He is not prepared for compromise even if he should face any consequences as reffered by the mediator i doubt that he is into some affair or married some one else becoz i am staying with my parents. He is happy and pretending simply . Sir before also i got to knowi of his affair by his reliance call details. How can i get his phone tapped or his call details of six months through which i can prove bigamy. He is too rude and refusing either to give maintainace or compromise. I am sure he is into something. But i cannot file fir in his jurisdiction becoz he will be informed immediately and become alert. Sir suggest any other method by which i can get his bill call details or better get his phone tapped. Even the mediator felt his behavior fishy. Also how do i procede in my case further becoz he is not ready to come for mediation also