I have filled divorce case on basis of mental cruely...
Now I need to understand that under what all sections she can file maintenance ....as i am not scared of her false 498A , infact if she file 498A , divorce will be granted for sure and i am 100% sure i can proof her 498A false if she file it .....
Opinion: Keep this spirit till you don't achieve your freedom.
can some one guide me ..I need list of all the provisions under which she can ask for intrim maintenance and Permanenet alimoney....
opinion: There are various sections through which she can ask manitenance:
1. 24 HMA----for interim maintenance
2. 125 cr pc------if a women,child,parents are unable to maintain themselves.
3. 18 hIndu marriage adoption act -----even under this act she can seek maintenanace.
4. 25 HMA----for final alimony once divorce granted.
5. Under DVA 2005----She can ask right to residence and seek maintennace for her finacial abuse,physical abuse.
Like CRPC 125 , under DV ...if there any HMA case under which she can claim maintenance....
opinion: As mentioned above
And also do i need to pay her lawer fee also, if yes then how much ?
Opinion: Yes,As mentioned above.The cost of litigation depends on the same process i.e, type of cases,where it is filled,your economic status,her source of income,her earning capacity etc.
she is post graguate ( more qualified then me) and was working in some organization abefore marriage and was getting salary of 13k per month before marriage , After marriage she never worked (not working since 2 Jan 2012)...one male child is with her ...Any suggetions ?
opinion: Thats good,collect her all educational qualification,experiences,salary certificate for countering her maintenanace.If a spouse is well educated,has potential to earn as she was earning prior,then you can put no. of judgements related to this where maintennace was waived off or been minimised.But for child you have to contribute equal maintenanace by your side.
1. What should me my house rent ? it should be very high or it should be very very low.
Opinion:It again depends on the facts and circumstances of source of income and earning capacity of either of the spouse to fit for the applied relief.
2. I dont have any car or moveable or imovable property ...
opinion: So,what....even don't seek also.
3 she is having some saving policy with LIC i dont know the details ...
opinion: Trough her income tax return or in the exemption of taxes shown in her salary slip will be helpful.
4 IF RTI can be filled againt Private school ..
opinion: No RTI exists for private firms and organizations,here only court commissioners enquiry can help you or you can independently approach for this in her school.
5. If RTI Can be filled against nationalized bank to get her bank statements and her father bank statements of last 7 years ..
Opinion: So,far I haven't heard about this as for personal a/c details been asked through RTI.Here again court commissioner can help you in having all the details.
Thanks & regards,
A sufferer.........
