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Simhan (manager)     18 May 2018

Maintenace petition by husband on wife

Dear experts,

My wife applied for child custody  and gave an application in domestic violence. the case in domestic violence did not get admitted, I there due to torture applied for divorce. I won the child custody case  and recorded in the court also recently. children boy (aged13) and girl (aged 16) are with me.

Now since I have my aged parents around 86 and 80 I also need  to spend money on their  medical expenses,  I live in a rented house,and  spend on children welfare, LIC and schooling as  this is the prime age for children’s future.   My salary  considering from my IT return will go negative with all these expenses and the gap is being bridged by way of handloans and other short term loans.

While applying for child custody my wife  had written in the petition that she is educated and capable of earning and maintening the children,   if the children are in her possession.  But now since the children refused to go with her she has filed maintenance petition stating that husband is duty bound to maintain wife asking Rs.25,000 for her living.  she was working in the past as teacher, 

Viceversa citing all the above,   while  wife has applied for maintenance for her living can I also file a maintenance from her for contributing to the minor children?  What is the law on this -----law says everybody is equal before law.  Hence I want to file a maintenance petition

At the same time I want to take divorce also from her at the earliest seperation is almost nearly 5 years now. She has written all false allegations in her proof affidavit.

Experts please give me some relevant points to fight the case on merit.

I am covered under Hindu law.

Thanks 



Learning

 5 Replies


(Guest)

You have decribed everything quite clearly. What you need to do is explain the same to the judge during arguments in oral and arguments in writing.  Am sure you will succeed.

Kumar Doab (FIN)     18 May 2018

Prepare list of all liabilities and corresponding docs ready and discuss with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record …..  and worth his/her salt …

 

 

Is your spouse earning now!

Face the court and convince the presiding officer.

Kumar Doab (FIN)     18 May 2018

Although your own counsel would have provided you with detailed inputs you may piack up relevant points from threads on similar queries, Articles, files etc 

e.g;

Article

Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!

under my profile.

Simhan (manager)     18 May 2018

Thanks Experts , for all your guidance and support.

Regards,

Helping Hand ! (Advocate )     19 May 2018

It is best to hire services of advocate than become cause for failure of your case.


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